The defense will appeal to the Supreme Court against the decision of the Chairman of the Sejm to re-expire the parliamentary mandate, after the decision of the Chairman of the Sejm was issued by post – told Mariusz Kamiński’s lawyer Michał Zuchmantowicz , to PAP.
As the Supreme Court press team informed PAP, the Chamber for Extraordinary Scrutiny and Public Affairs of the Supreme Court received appeals from Mariusz Kamiński and Maciej Wąsik against the Sejm Speaker’s decision to terminate their parliamentary mandate.
Kamiński’s lawyer, Michał Zuchmantowicz, told PAP that the appeals were filed on Friday “in two ways” – to the chairman of the Sejm, but also directly to the Supreme Court – “because we are not sure and trust the correctness of the actions of the Speaker.”
We protect ourselves in every possible way so that there is no situation where something is delayed and a deadline passes
– noted the lawyer.
The Marshal of the Sejm, Szymon Hołownia, made decisions on the expiry of the parliamentary mandates of MPs Mariusz Kamiński and Maciej Wąsik at the end of December 20, 2023 on Thursday, December 21.
As the Sejm Information Center reported at the time, Marshal Hołownia pointed out in the justification of both documents that the Constitution provides that a person sentenced to imprisonment by final conviction for an intentional crime prosecuted by public indictment cannot be elected to the Sejm or the Senate, and in accordance with the Electoral Act. A person sentenced to imprisonment by final judgment for an intentional crime prosecuted by public charge or an intentional fiscal offense has no right to be elected to the Sejm.
The result of the loss of the right to be elected is (…) the expiry of a Member of Parliament’s mandate
– CIS reported. The decision of the Chairman of the Sejm is related to the final judgment of the District Court in Warsaw, which on December 20 sentenced Kamiński and Wąsik to two years in prison in connection with operational activities within the so-called 2007 land scandal, when both were members of the CBA management.
According to the regulations, the decision of the Chairman of the Sejm can be appealed to the Supreme Court within three days from the date of ruling.
An attempt to deliver a letter about the expiry of parliamentary mandates
On Thursday, during a meeting of the Sejm Committee on Administration and Home Affairs, a representative of the Sejm Chairman’s office tried to hand Kamiński and Wąsik a letter about the expiry of their parliamentary mandates. They did not want to accept it and explained that by law the letter should have been sent by post and that they had not yet received it. The committee’s chairman, Maria Janyska, declared that former ministers were no longer parliamentarians and turned off their microphones. Kamiński and Wąsik left the meeting.
I did not obtain the parliamentary seat by the grace of Mr Hołownia, but by the will of 44,000 people. my voters. I am a Member of Parliament and all actions taken here are illegal. What did the man who introduced himself as director of the office of the chairman (of the Sejm – PAP) do by interfering in the committee meeting and inviting us in advance, we are on the list, we participate in the votes, all these actions are illegal
– said Kamiński after leaving the meeting.
He noted that he knew that Marshal Szymon Hołownia had decided to end their mandate.
I believe this is an unlawful decision and will appeal. I know that we received a letter from the Sejm Chancellery by registered mail, which has not yet arrived. I am at home and no one has brought me this letter
– he said.
Wąsik emphasized that nothing had been delivered to him.
A man from the committee came up and started waving a card. Nothing was delivered to us. This is some nonsense. I have never seen such a situation where a parliamentary official, during the speech of the Minister of the Interior and Administration presenting the budget, comes in and prevents Members of Parliament from carrying out their duties. This is a scandal, this is a setup
– he assessed.
As lawyer Zuchmantowicz told PAP on Friday, the Code of Administrative Jurisdiction does not apply to the Sejm Chairman’s procedure that was implemented on Thursday.
The authority cannot send itself by post and then urgently issue the same decision without verifying the correctness of the choice of the first method.
– said the lawyer.
Hence the lack of trust and our actions towards two institutions. Moreover, after delivery by mail, when it finally arrives, the defense will be forced to file another appeal
– explained lawyer Zuchmantowicz.
tkwl/PAP
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Source: wPolityce