“If Marshal Hołownia presents himself as a legal rigorist, he should take into account that others will adopt a similar attitude and strive to take him to court,” said Bartłomiej Wróblewski, PiS MP, in an interview with wPolityce.pl .
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wPolityce.pl: Should Mariusz Kamiński and Maciej Wąsik go to prison now? There is a lot of confusion about this issue.
Bartłomiej Wróblewski: Of course not. The president was right and successfully pardoned both ministers in 2015. Institutions or people who do not respect this are wrong. In recent days we have seen Marshal Szymon Hołownia denying the president’s right to pardon ministers. Regardless of his views, the simple, technical act of forwarding appeals to the Supreme Court by the President of the Sejm led to a new, additional dispute with different elements. Controversies are mounting, including whether charges should be filed against him for violating the law by the marshal. It is true that the scope of the President’s powers might raise some doubts as there was no practice in this regard. However, in accordance with art. 139 of the Constitution, the power of pardon is a prerogative of the President, and therefore the President’s power is in principle not subject to control. The Constitutional Court has also ruled on this issue, which should put an end to the discussion.
How could Szymon Hołownia break the law in the case of Maciej Wąsik and Mariusz Kamiński?
Szymon Hołownia should refer the ministers’ appeals to the Supreme Court, leaving the question of the internal division of powers within the Supreme Court to the Court itself. In the entire situation, no meetings should take place between the Marshal’s messenger and the head of any of the chambers of the Supreme Court. This is undoubtedly an attempt to interfere with the court’s jurisprudence: who should hear this case, when and under what conditions.
Each of these actions taken individually raises questions about their legality, especially when taken all together. This weakens the credibility of Marshal Hołownia and his entourage. The question arises whether there is a crime within the meaning of art. 231 of the Criminal Code, i.e. abuse of power.
Do you believe that Marshal Hołownia should be held criminally liable in this case?
It does not serve the state when ministers, marshals and state officials accuse each other and take each other to court. Such situations may arise exceptionally. The legislature provided for the possibility of bringing parliamentarians and members of the government before the State Court, but this is an emergency institution and therefore the State Court rarely rules. And good. This entails enormous costs for the state. But the logic of action, first of the total opposition, and now of the total government, is different. If Marshal Hołownia presents himself as a legal rigorist, he should take into account that others will adopt a similar attitude and strive to take him to court.
Meanwhile, by decision of the head of the Sejm Chancellery, Jacek Cichocki, the parliamentary cards of Maciej Wąsik and Mariusz Kamiński were deactivated. How do you assess this in the context of the fact that the Supreme Court’s Chamber for Extraordinary Scrutiny and Public Affairs annulled the decisions of the President of the Sejm, Szymon Hołownia, to allow the mandates of both parliamentarians to expire?
Marshal Hołownia, regardless of his assessment of the Supreme Court, the chambers and the judges of the Supreme Court, has no authority to formally assess their decisions. This is all the stranger because it was he who sent the ministers’ appeals to the Supreme Court. In my opinion, the Marshal should exercise extreme restraint in this matter, because the role of the Marshal in the system is to monitor the rights of the Sejm and the rights of deputies. It is worth considering taking two steps back on this issue. There is the Supreme Court’s position: the decision to end the mandates has been revoked. Therefore, Marshal Hołownia should not take any further action in this matter. Mariusz Kamiński and Maciej Wąsik remain parliamentarians and have the right and obligation to participate in meetings and votes in the Sejm.
However, this will probably not be the end of this case, as the Labor Chamber of the Supreme Court plans to hear the case next week.
The Supreme Court’s Chamber for Extraordinary Scrutiny and Public Affairs has already resolved the case. A possible adoption by another chamber of the Supreme Court will only further intensify the legal chaos and weaken the authority of the Supreme Court. It should also be remembered that soon the Supreme Court’s Chamber for Extraordinary Control and Public Affairs will decide on the validity of the parliamentary elections. Those who question the right to govern will be put in a difficult position. After all, they have to be consistent.
Does this mean that you believe that undermining the legality of the Supreme Court’s Chamber for Extraordinary Scrutiny and Public Affairs could ultimately lead to undermining the legality of the last election?
Such an objection will certainly be raised. That is why I said that Marshal Hołownia is unnecessarily delving into this matter. The end of these disputes may be completely unexpected for Marshal Hołownia himself and his political environment. As a result, the legitimacy of the Sejm will be questioned, as the legitimacy of the body that decides on the validity of the elections will be questioned.
And as I understand it, you are suggesting that there could then be voices in the public sphere that should call early parliamentary elections?
This is just one possibility. I imagine that the legal force of laws and resolutions passed by the Sejm will be questioned for various reasons. The consequences are difficult to predict. Therefore, I repeat that it is irresponsible and incomprehensible for the Chairman of the Sejm to become involved in disputes over the scope of the President’s pardon power. Moreover, if he appeals to the Supreme Court against the expiry of his mandate, he must respect the court’s rulings.
Do you expect that, due to the increasing complexity of this case, it may finally happen that, without waiting for the final solution, some – in the language of Tomasz Siemoniak – “strong people” will come and simply arrest Maciej Wąsik and Mariusz Kamiński ?
Unfortunately, nothing can be ruled out, but these would be illegal actions with serious consequences for the future. I hope they won’t touch that. However, I fear that part of the liberal-left coalition and part of the judicial community have already invested so much in this case that they will not come back. It’s just that sooner or later the principle will apply to them: “by the standard you use, it will be measured back to you.”
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Source: wPolityce