Until there is an announcement in Monitor Polski about the expiry of the mandates, the National Electoral Commission will not appoint any further candidates from the lists, said National Election Commission Chairman Sylwester Marciniak, referring to the issue of the expiration of the mandates. from PiS politicians Mariusz Kamiński and Maciej Wąsik.
Since yesterday, Marshal of the Sejm Szymon Hołownia has been consulting on the case of Mariusz Kamiński and Maciej Wąsik; and this morning he met with the chairman of the National Electoral Commission, Sylwester Marciniak.
READ ALSO: OUR NEWS. Kamiński and Wąsik visited the president and the court documents were handed over to the police. There was an attempt to arrest him
Procedure for “replacement of parliamentarians”
After the meeting with the Chairman of the Sejm, the Chairman of the National Electoral Commission was asked whether the procedure to replace MPs Kamiński and Wąsik with the next people from the PiS list could be launched.
The legal situation is simple on the one hand, but confusing on the other
– he answered.
The Constitution provides that a person sentenced to prison by final judgment for an intentional crime cannot be elected as a deputy or senator.
– said Marciniak.
The provisions of the Electoral Law in turn stipulate, as was the case last year during the elections to the Sejm and the Senate, that candidates for deputies or senators submit a written declaration of their right to be elected. This is precisely the question for the judgment of the criminal court
– added.
District electoral committees had to check whether candidates had the right to be elected based on the information in the national criminal register, and only those lists of candidates and those candidates who met the right to be elected were registered.
– he emphasized.
As the head of the National Electoral Commission noted, “after the election results were announced, the Minister of Justice had fourteen days to check the information in the national criminal record to see whether these people had the right to be elected.”
If the Minister of Justice obtains information from the national criminal record that a particular MP or Senator has been sentenced to prison for an intentional crime, the Marshal of the Sejm makes decisions and decides on the expiry of the mandate.
– he remembered.
In accordance with the provisions of the Electoral Act, the announcement of this decision by the Marshal in Monitor Polski means that the persons concerned have not exercised their right to appeal, or that the appeal has not been accepted by the Supreme Court and that the next step is up to the National Electoral Commission. The National Electoral Commission will then appoint further candidates
– said Marciniak.
From the point of view of the electoral law, we are at the stage where an appeal is being lodged (by Kamiński and Wąsik against the decision to let their mandate expire – PAP) and we are waiting for the continuation
– he pointed out.
Effect of the announcement in Monitor Polski
When asked whether the conviction itself does not mean that – as some lawyers say – the mandate has expired and new members can be elected in place of the deputies, the head of the National Electoral Commission replied: “This is a question for the Marshal of the Sejm, what are the consequences of taking a decision on the expiry of the mandate of a deputy or senator?” “.
From the point of view of the National Election Commission, this effect is only brought about by the announcement in the Polish Monitor of the Marshal’s decision to allow the mandate to expire.
– added.
Asked whether Wąsik and Kamiński were still MPs, he replied: “From the point of view of the National Electoral Commission, until there is an announcement in Monitor Polski, we will not appoint any further candidates.”
It is important for the election authority when the announcement is published in Monitor Polski
– he pointed out.
The head of the National Electoral Commission admitted that in a conversation with him, the Marshal informed him that he would publish an announcement in Monitor Polski when he received the Supreme Court’s decision on the appeal.
Marciniak was also asked whether the Sejm can deliberate with a partial composition, and he admitted that such situations do occur, for example there will be no MP at the next session because KO politician Krzysztof Brejza will take over as MEP.
Conversation between the President of the Republic of Poland and the Chairman of the Sejm
The expiration of the mandates of PiS politicians Mariusz Kamiński and Maciej Wąsik was the main topic of yesterday’s conversation between President Andrzej Duda and Marshal Szymon Hołownia at the Presidential Palace. The president said after the meeting that his 2015 pardons for Wąsik and Kamiński were valid and that the only reasonable solution was to close the case to avoid further unrest.
This situation is de facto unsolvable in any other way
– said President Duda.
He added that they had not yet reached an agreement on this.
The Marshal also met with the Commissioner for Human Rights, Marcin Wiącek, and the head of the Ministry of Justice, Attorney General Adam Bodnar. Hołownia also spoke to experts, including former President of the Supreme Court Adam Strzembosz, former President of the Constitutional Court, former Ombudsman and former head of the National Electoral Commission Andrzej Zoll, former head of the National Electoral Commission and former judge of the Constitutional Court. Tribunal Wojciech Hermeliński, former Ombudsman and former Constitutional Court Judge Ewa Łętowska and former Human Rights Commissioner Irena Lipowicz.
The former head of the CBA and former Minister of the Interior Mariusz Kamiński and his former deputy Maciej Wąsik were sentenced to two years in prison in a final judgment on December 20 last year in connection with the so-called land scandal. That is why the Marshal of the Sejm has taken decisions regarding the expiry of their parliamentary mandate. Previously, the head of the Sejm Chancellery issued an order to deactivate Kamiński and Wąsik’s parliamentary cards; the next sessions of the Sejm were scheduled for January 10-12.
The Warsaw-Śródmieście District Court announced that executive documentation had been prepared, including orders to transfer convicts Mariusz Kamiński and Maciej Wąsik to penitentiary units.
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. Regarding Wąsik’s dismissal, the Labor Chamber of the Supreme Court decided to transfer the case to the Chamber for Extraordinary Control and Public Affairs of the Supreme Court. On the same day, the Supreme Court’s Extraordinary Control Chamber annulled the Sejm Speaker’s decision to terminate Wąsik’s mandate, and on Friday to terminate Kamiński’s mandate.
READ ALSO:
— Hołownia will seek consultations on Kamiński and Wąsik. From tomorrow he will speak, among others: with the head of the Ministry of Justice, the commissioner for human rights and the chairman of the National Electoral Commission
— Does he want to work for Hołownia? Hermeliński insists: If Wąsik and Kamiński wanted to enter the Sejm by force, then this is the marshal’s guard.
— Will Wąsik and Kamiński be arrested by the police? PiS spokesperson: Officers have no right to touch MPs
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Source: wPolityce