Despite President Andrzej Duda’s call, Sejm Chairman Szymon Hołownia announced that he would sign resolutions to end the mandates of PiS MPs Mariusz Kamiński and Maciej Wąsik as soon as possible. At the same time, he offered a courteous gesture by saying he would respond to the president’s letter. Duda stressed in a written message that no state body can revoke or alter his pardon decision, underscoring that the authority to grant clemency rests solely with the head of state.
READ ALSO: Kamiński and Wąsik. The president disagrees with the court’s ruling. There are no grounds to let the mandate lapse.
I Have No Interest in Ending the Mandates
Yesterday a Warsaw court, ruling at second instance, sentenced Mariusz Kamiński and Maciej Wąsik to two years in prison, and the other two former heads of the CBA to one year each, for operational actions connected to the so-called “land scandal.” Hołownia told reporters in the Sejm that a letter regarding the PiS politicians was ready for dispatch.
“Most likely I will sign them soon, both resolutions for the expiry of the mandates of MPs Wąsik and Kamiński,” he stated.
A separate letter would also be attached, in which he would urge them not to perform duties arising from the mandate while the appeal process is ongoing before the Supreme Court.
He noted that he would send letters to both politicians, giving them three days from receipt to appeal to the Supreme Court with their protest.
When asked whether mandates could expire automatically, the President of the Sejm answered, “This is a very serious legal dispute. Our Legislative Office, along with lawyers supporting us, believes these mandates have already expired.”
“I have no interest in ending the mandates of parliamentarians, because that would not serve the Sejm’s leadership,” Hołownia added.
Voters cast ballots, and yet the saying dura lex, sed lex remains a harsh but real rule. If anyone has been convicted by a final court decision under the Electoral Act, articles 11 and 247, the only possible step is to recognize the fact. This item concerns a declaratory action, which means the mandates are considered expired as of the date of the judgment, and that fact should be officially acknowledged.
He noted the necessity of a clear, principled approach and reserved his judgment to ensure legality and accountability.
I Disagree with the President
The discussion referenced Duda’s letter to the Chairman of the Sejm, which argued that because the pardon law applied to Kamiński and Wąsik, there was no reason for their mandates to expire. Hołownia admitted he had read the letter and said he would respond that same day in a respectful yet precise manner, stressing that his action was an official, declaratory one.
“If I did not take this action, I would face potential criminal liability, and I have no intention of exposing myself to that risk,” he stated.
He explained that the principle is simple: the Marshal of the Sejm confirms the expiry of the mandate, and the expiration is not automatic by his own initiative; he confirms that a formal event has occurred, much like a notary confirms a fact.
The case surrounding the former CBA heads spans nearly a decade. In March 2015, the Warsaw district court sentenced Kamiński and Wąsik, among others, to prison terms for exceeding authorities and carrying out prohibited activities during the 2007 land scandal. Other former CBA members received lesser terms. Kamiński argued that the verdict violated justice and was deeply unfair.
The matter resurfaced after more than eight years following the Supreme Court’s decision in June, when the Court overturned the termination in the case tied to the pardon law used by the president against the former CBA leaders. The case was sent back to the Supreme Court for reconsideration in light of this ruling.
The President’s Position
President Andrzej Duda sent a message to the Sejm Chairman, emphasizing that because of the pardon applied to Kamiński and Wąsik, there are no grounds to terminate or let expire their mandates. He cited several reasons to support this stance.
The Constitutional Court has clarified that pardon can take two forms: a traditional clemency that releases a legally punished person from serving a sentence, and an amnesty that can shield a suspect from prosecution before a final judgment. In other words, clemency in its strict sense involves a punishment that is officially imposed, while amnesty blocks the imposition of punishment. He highlighted this interpretation from a 2018 Constitutional Court judgment.
He reiterated that no body within the state apparatus has the power to revoke or modify the president’s decision on pardons. The Constitution assigns that right to the president alone, and any intrusion by other entities would be improper and unconstitutional.
In an interview with Radio Zet, Duda stated that he completely disagreed with the court’s ruling on the Kamiński and Wąsik case and considered it a violation of constitutional norms. He also noted that the mercy act cannot be revoked by any judicial decision.
Questions persist about what Hołownia intends to prove by insisting on his own course of action while still promising to respond to Duda’s letter. Critics wonder if the goal is to cast the “Government of National Harmony” and the image of a confident Poland in a light that suits a broader political narrative.
READ ALSO: The President on the Kamiński and Wąsik case: The pardon was granted in accordance with the law, which was confirmed by the Constitutional Court and is still in force
aja/PAP, dziennik.pl, X
Source: wPolityce