The decision of the Extraordinary Control Chamber of the Supreme Court to revoke the decision of the Chairman of the Sejm regarding the expiry of Maciej Wąsik’s mandate has no legal force, said KO MP, Deputy Head of the Ministry of Justice Arkadiusz Myrcha. According to him, “Mr. Wąsik’s joy is premature.”
Myrcha emphasized that he was speaking as a member of parliament and a lawyer, as the ministry does not express an official position on the matter.
The Chamber of Labor and Social Security of the Supreme Court received appeals from Maciej Wąsik and Mariusz Kamiński against the Marshal’s decision to terminate their parliamentary mandate, sent by the Speaker of the Sejm, Szymon Hołownia. Jury panels and closed hearings were scheduled for Jan. 10 for both cases. In the Wąsik case, the panel of judges of the Chamber of Labor consisted of judges who had recently ruled at the Supreme Court (after 2018), and in the Kamiński case, of judges who had ruled at this court before 2018.
On Thursday, the judge assigned to Wąsik’s case decided to transfer the case to the Extraordinary Control Chamber of the Supreme Court, which on the same day annulled the Sejm President’s decision to terminate Wąsik’s mandate, citing pointed out that he was pardoned by President Andrzej Duda in 2015; he was subsequently convicted illegally. Referring to this decision, Marshal Szymon Hołownia said that he had submitted the appeals of Maciej Wąsik and Mariusz Kamiński against the decision to terminate their mandates to the Chamber of Labor and Social Security of the Supreme Court and was waiting for a response from this Chamber.
When asked about this issue, the deputy head of the Ministry of Justice, Arkadiusz Myrcha (KO), said in Toruń on Friday that he “can comment on this issue as a member of parliament and as a lawyer” because the ministry does not present an official. position on this issue.
The situation is quite clear. The gentlemen have been legally convicted and this final judgment is valid. That’s one thing. The second is that the Chamber of Labor and Social Security has scheduled two sessions on January 10 with three-member panels to resolve both men’s appeals against the decision of the Sejm chairman to terminate their mandates. I assume these decisions will be made on January 10th
Myrcha commented.
According to him, yesterday’s decisions in this matter were “pure lawlessness”. This is how he assessed the decision of the Extraordinary Control Chamber of the Supreme Court, referring to the position of the President of the Labor Chamber of the Supreme Court, Judge Piotr Prusinowski, who said on Thursday that – in his opinion – “the Extraordinary Control Chamber is not a court.”
According to Myrcha, Thursday’s withdrawal by this House of the Sejm Speaker’s decision “has no legal force.”
This has no legal consequences, so Mr Wąsik’s joy is premature
– he assessed.
‘Kamiński is not a member of parliament’
In Myrcha’s assessment of the Thursday conference of the Chairman of the Sejm Sz. Hołownia can conclude that “Mr Kamiński is absolutely not a Member of Parliament and his identity card is not active.”
As for Mr Wąsik, the Marshal has some legal doubts that he will want to clear after receiving the justification from the Chamber of Extraordinary Scrutiny. However, I do not think that his legal status is particularly different from that of Mr Kamiński
Myrcha added.
According to Maciej Wąsik, who was a guest on Radio Wnet on Friday, the verdict against him from December last year is “clear”.
What the Supreme Court noted yesterday, namely that the pardon granted by Andrzej Duda to Mariusz Kamiński, me and two other CBA officials in 2015 was valid, has worked. As a result, we retain our parliamentary mandate, we are not punished and what the court did on December 20 was actually a sham act.
– he said.
The former head of the CBA and former Minister of the Interior Mariusz Kamiński and his former deputy Maciej Wąsik were convicted on December 20 last year. a final sentence of two years in prison in connection with the so-called land scandal. The Marshal of the Sejm, Szymon Hołownia, issued decisions on the expiry of the parliamentary mandates of Kamiński and Wąsik.
President Andrzej Duda had previously indicated in a letter to the Speaker of the Sejm that as a result of the application of the Law of Pardon in 2015 to Kamiński and Wąsik, who were subsequently unlawfully convicted by the Court of First Instance, there were no grounds for the expiry of their mandate. The head of the President’s Office, Marcin Mastalerek, when asked about possible repeat pardons, said that “it was and is already effective, which was confirmed twice by the Constitutional Court.”
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mly/PAP
Source: wPolityce