We run the risk that the Sejm will be in an unconstitutional composition and that the law will be passed invalidly – said Confederation MP Krzysztof Bosak in “The Heart of the Matter”, referring to the actions of the Chairman of the Sejm regarding the parliamentary mandates of Mariusz Kamiński and Maciej Wąsik.
Wąsik and Kamiński are still members of parliament and are protected by immunity
On Wednesday, January 3, 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 mandate, sent by the Chairman of the Sejm, Szymon Hołownia. On the morning of Thursday, January 4, the Labor Chamber of the Supreme Court, regarding Wąsik’s dismissal, decided to transfer the case to the Chamber for Extraordinary Control and Public Affairs of the Supreme Court. Subsequently, in the early afternoon, the Supreme Court’s Extraordinary Control Chamber annulled the Sejm Speaker’s decision to terminate the mandate of MP Maciej Wąsik, which was first reported on the wPolityce.pl portal.
The wPolityce.pl portal was also the first to report that the Chamber for Extraordinary Control and Public Affairs of the Supreme Court on Friday, January 5, rejected the decision of the Chairman of the Sejm, Szymon Hołownia, regarding the expiry of the mandate of Member of Parliament Mariusz Kaminski.
READ MORE:
– OUR NEWS. Mariusz Kamiński is still a Member of Parliament and protected by immunity! The Supreme Court overturned Marshal Hołownia’s decision
– OUR NEWS. Hołownia’s defeat at the Supreme Court! Maciej Wąsik is still a member of parliament and is protected by immunity
Unconstitutional composition of the Sejm?
Krzysztof Bosak pointed out that there is a risk that “the Sejm will deliberate in an unconstitutional composition.”
What threatens the Chairman of the Sejm is breaking the law, and what threatens us as the Sejm […] it is the invalid passing of a law
– emphasized one of the leaders of the Confederation, adding that “someone should say” that “the laws are invalid.”
However, it can be said that they would be defective, because if the Constitution stipulates that the Sejm consists of 460 deputies, and if the decision of the Marshal of the Sejm to terminate the mandates is revoked by a resolution of the Supreme Court, then we must deliberate and vote in a panel of 460 delegates. The opinion that someone does not like the chamber of the Supreme Court and someone does not like the content of the ruling is just an opinion
– Bosak noted.
Problems understanding the rule of law
Krzysztof Bosak assessed that “we currently have a huge problem in understanding the rule of law.”
This consisted of some people identifying their legal or political views with the rule of law. This is how I see the rule of law Whether we like the statements and institutions or not, we simply respect the decisions made. And it seems to me that all those who thought they were defending the rule of law have taken such an approach that they no longer respect the Constitutional Court, part of the Supreme Court, the powers of the President, part of the provisions of the Constitution. and they call it the rule of law because they have support in Luxembourg, Strasbourg and Brussels. To me it’s strange, this is not the rule of law, this is anarchy
– Bosak emphasized.
The MP also added that if he is dismissed from the position of deputy chairman of the Sejm while some MPs were not allowed to vote, he would have the right to “consider this decision and this vote as invalid”.
And such fun can now begin on any issue, and this is the risk that weighs on us as Sejm and in particular on Marshal Hołownia.
– said the MP.
Bosak: The court doesn’t care about the president’s pardon
The politician also pointed out that there is an impasse in the disciplinary liability of judges.
In my opinion, we have something like an uprising or rebellion of part of the judicial community against part of the institutions of the Polish state, supported from abroad by the tribunal in Strasbourg, Luxembourg and Brussels, and at the same time we have a complete the impasse of something the PiS government tried to improve, namely the disciplinary liability of judges. That is, on the one hand, for example, we have a president who used the pardon law against parliamentarians […] and at the same time has such constitutional authority we have a district court in Warsaw that just doesn’t care that the president pardoned them and says, I’ll convict them legally and who cares. And these judges, in violation of the president’s constitutional authority, will likely be accountable to no one
– emphasized Krzysztof Bosak.
ALSO CHECK:
— Wąsik and Kamiński’s cards are disabled. The former deputy head of the Ministry of the Interior and Administration has no illusions: “This is the beginning of an authoritarian state”
– Tusk’s coalition’s contempt for the law! Despite the Supreme Court’s decision, Cichocki’s decision deactivated Wąsik and Kamiński’s parliamentary maps
— Waldemar Buda summarizes Hołownia: The marshal postman is completely unprepared. It is not his role to choose his judgments
wkt/The heart of the matter
Source: wPolityce
Emma Matthew is a political analyst for “Social Bites”. With a keen understanding of the inner workings of government and a passion for politics, she provides insightful and informative coverage of the latest political developments.