A lot of false information is being spread. that the Commission for Investigating Russia’s Influence may limit the right to participate in parliamentary elections; meanwhile, he has no power to sentence prison terms or make rulings, only the courts can do that – European Affairs Minister Szymon Szynkowski informs vel Sęk in a letter to EU Justice Commissioner Didier Reynders, which was obtained by PAP.
On Wednesday, Reynders informed the EP that he had sent a letter to the Polish minister in connection with the European Commission’s concerns about the law on the Commission for Investigating Russian Influence on the Internal Security of the Republic of Poland in 2007-2022 . Szynkowski vel Sęk replied to the Commissioner on Thursday.
In the letter seen by PAP, the Polish minister argues that while the appointment of the commission falls within the national competence of the Polish parliament, the Polish authorities are willing to clarify any misinterpretations and doubts.
Szynkowski vel Sęk indicates at the outset that the scale and scope of Russian influence on internal security is one of the greatest challenges facing many EU countries today, and that Russia has been using many tools for decades to influence political decisions in Europe mainly aimed at creating dependencies in energy supply and access to natural resources. Because of these dependencies, he emphasizes, Russia wanted to influence the political decisions of the EU and its member states.
Reports that corruption in various forms has been widely exploited and that many officials across Europe, including former heads of government of major EU countries, are suspected of carrying out public duties in a manner that serves Russia’s interests and subsequently receiving advantages such as lucrative positions in Russian companies. Some may have been bribed directly, others through various means, including compromising material and blackmail.
Poland, the largest EU member state bordering Russia, was not free from such influences. In order to grant the public the fundamental right of access to information on state affairs, the extent and scope of this influence should be examined and measures taken to limit it in the future
– we read in the letter.
Therefore, according to the minister, the Sejm approved the law on the commission for investigating Russian influence on the internal security of the Republic of Poland in the years 2007-2022, which was then signed by the president.
As Szynkowski vel Sęk points out, a lot of untrue information is being spread at the moment, eg that the commission can restrict the right to participate in parliamentary elections.
He emphasizes that, in accordance with the Constitution of the Republic of Poland (Article 99(3)), a person cannot be elected to the Sejm or the Senate only if he or she has been sentenced to imprisonment for an intentional crime by a final verdict prosecuted by public indictment. Meanwhile, the commission is not authorized to sentence to prison terms or to make rulings – only the judge can do that. As indicated by the National Electoral Commission, an institution that deals with the registration of commissions and candidates for elections, this has already been confirmed in a May 31 communiqué.
“Any decision of the committee may be appealed to the court.
One of the most disturbing misinformation being spread in the public space is the lack of judicial review of the commission’s decisions, he says.
Any decision of the Commission may be appealed to the Administrative Court and then to the Supreme Administrative Court. According to art. 50 sec. 1 of the Administrative Court Proceedings Act, an appeal against an administrative decision is open to any person who has a legal interest in it (i.e. who is affected in any way by the decision), the Public Prosecutor, the Ombudsman and the Ombudsman for Children
– underlined.
He informs that the committee will consist of nine members chosen by the Sejm from candidates nominated by all political groups.
The commission will act on the basis of the provisions of the newly adopted law and code of administrative procedure, imposing restrictive rules, including the principle of objective truth (obligation to establish all the facts of the case on the basis of all available evidence – Article 7 of the Code of Criminal Procedure), the principle of in dubio pro reo any doubts in favor of the parties – Article 7a of the Labor Code) and the principle of proportionality (apply remedies and act only to the extent necessary – Article 7b of the Labor Code)
– indicates.
On Monday, President Andrzej Duda announced the signing of the law establishing a commission to investigate Russian influence on the internal security of the Republic of Poland in the years 2007-2022. He added that he would refer the bill to the Constitutional Tribunal in subsequent proceedings. The law was published Tuesday in the Journal of Laws; entered into force on Wednesday.
The law has been criticized by opposition groups, according to which it is unconstitutional and contrary to the principles of a democratic state under the rule of law. The opposition announced that it would not nominate its representatives to the committee.
tkwl/PAP
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Source: wPolityce