Changes to the constitution will improve the functioning of the state – PiS politicians argued during the second reading of the draft, which includes the possibility of seizing property to support Russian aggression. According to the opposition clubs, the draft amendment to the constitution is not necessary; KO and Poland 2050 want its rejection.
In connection with the amendments tabled at second reading, the draft has again been sent to the Sejm’s Extraordinary Committee for consideration of the draft law amending the Constitution of the Republic of Poland.
A parliamentary draft of constitutional amendments was tabled last year by PiS deputies after the Russian invasion of Ukraine. The draft is primarily based on the possibility for the Treasury to take over – in the event of an armed attack on Polish territory – property that will be used to support Russian aggression. Another proposed provision assumes that expenditure “used to finance the defense needs of the Republic of Poland” will not be included in the public debt.
Rapporteur Marek Ast (PiS) pointed out that during the work on this bill, the extraordinary parliamentary committee had an in-depth discussion, during which views clashed on the need to exclude defense spending from the national debt limit as well as a to introduce a provision in the Constitution on the possibility of seizing assets used to finance Russia’s criminal aggression against Ukraine.
Member of Parliament Michał Jach (PiS) stressed that Russia’s ruthless war against Ukraine showed that our constitution “did not provide for certain decisions”. As he said, according to the draft, “those people who support barbarism also act to the detriment of citizens, it will be possible to (…) expropriate, of course, in accordance with the applicable regulations.” He recalled that the draft also provides for the exclusion of defense spending from the national debt limit.
The PiS club MP argued that “this change will improve the functioning of the state to strengthen our security”.
In turn, MP Robert Kropiwnicki (KO) introduced a motion to reject the draft.
The idea of beauty, words that are slick and charming, but the reality is brutal: you want to put the Republic in debt as much as possible. According to your criteria, practically anything can be a strategic investment for defense in an instant – CPK, Radom, Mierzeja Wiślana – everything is released from (absorption into) debt in an instant (…) we don’t want to agree with this
– he said.
As he said, when it comes to the ability to seize property intended to support Russian aggression, these goals can be achieved at the level of statutory provisions, through appropriate amendments to the Penal Code. At the same time, he stressed that the court must decide whether someone’s property is taken.
According to Anna Maria Żukowska (left), the work of the extraordinary commission has shown one thing: “that this legislative change is in no way necessary.” According to her, the proposed changes could expose us to “potentially another head-on collision with EU institutions, with the CJEU, ie violation of prudential thresholds”, and therefore the left cannot agree with them. She also ruled that the provisions on the confiscation of property “leave doubts”.
According to MP Jacek Tomczak (KP-PSL), some provisions of the draft regarding the confiscation of property in the event of an armed attack do not raise much controversy. On the other hand, he added, “as we know very well, in the Polish legal system we already have confiscation, and it is introduced by ordinary laws.”
Therefore, I see no need to amend the Polish constitution or add new articles
he stressed.
Tomczak pointed out that the KP-PSL club cannot support this project in its current form.
MP Mirosław Suchoń (Poland 2050) emphasized during the debate that he did not know how this project left the committee, “because it certainly should not have happened”. According to him, “there is no majority in the High House to allow these harmful changes to pass.”
You shouldn’t change locks with a burglar, and you shouldn’t change the constitution with those who break it
said Suchon.
MP 2050 filed a motion to reject this project.
I hope he is considered and this project is rejected
– added.
Member of Parliament Stanisław Tyszka (Confederation) also stated that his formation did not agree with this project.
However, if you want to change the constitution, we make changes. We throw out your entries that amount to further plunder of Poland, but we introduce two of our entries in defense of Poland’s pockets
– he said.
As he said, one of the proposed provisions is to say that “everyone will have the opportunity to pay in cash without restriction”, and the other:
The Republic of Poland has the exclusive authority to levy taxes and other public charges.
In turn, according to Member of Parliament Jarosław Sachajka (Kukiz’15), the entire chamber should support the changes proposed in the draft.
In the eighteenth century, the nobility did not want to pay taxes and in the interbellum, at the end of the period, no money was spent on armaments, because it was always hoped that somehow it would work out. And these two facts should convince the High House to support these solutions
– he said.
Łukasz Schreiber, Minister of the Prime Minister’s Chancellery, pointed out in the Sejm that the changes – proposed in the draft by PiS deputies – “cannot be implemented without changing the constitution”. He also argued that the opposition’s accusations against the project were “misguided”.
There are many false claims, such as the fact that changes can be made based on current regulations. (…) How? No one has been kind enough to explain
he noticed.
Judiciary and Human Rights Committee Chair Marek Ast told PAP the draft will be put to a vote at the Sejm’s June session, scheduled for mid-month.
Financing the defense needs of the Republic of Poland
The draft amendments to the Constitution include, among others: amendment of Art. 216 sec. 5 of the Constitution, which includes exclusion from the limit of public debt not exceeding 3/5 (60%) of annual GDP, to finance the defense needs of the Republic of Poland.
Currently – pursuant to art. 216 sec. 5 of the Constitution – it is prohibited to take out loans or to grant financial guarantees and sureties, as a result of which the national debt will exceed 3/5 of the value of the annual gross domestic product. In turn art. Article 47 of the Constitution stipulates that confiscation can only take place in the cases specified in the law and only on the basis of a final court decision.
Another change is the addition of Chapter XIa after Chapter XI of the Constitution entitled: “threat to state security”. PiS asks for Art. 234a, according to which “in the event of an armed attack on the territory of the Republic of Poland or an armed attack on the territory of another State posing a direct, external threat to the Republic of Poland or its public order, property located on the territory of the Republic of Poland may, by operation of law and without compensation, be taken over by the Treasury in the event that it can be assumed that this property is used or may be used in any part to finance or otherwise support this attack or activities related to it, in particular due to personal, organizational or financial ties of the owner’s property to the aggressor.”
In the draft submitted by PiS, even before the work in committee, this article referred to the property of: natural persons who are not Polish citizens, legal persons and other entities.
The second point of this article assumes that the assets taken over by the treasury are used to support people affected by the consequences of an armed attack. The detailed manner of acquisition of the assets and the circumstances excluding the acquisition, as well as the manner of use of the seized assets, must be determined by law.
A law amending the constitution is passed by the Sejm by a majority of at least 2/3 votes in the presence of at least half of the statutory number of deputies (307 votes in full attendance) and by the Senate by an absolute majority of vote in the presence of at least half the statutory number of senators.
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mly/PAP
Source: wPolityce