Prof. Anna Łabno, a constitutional expert, spoke on wPolsce.pl television about Donald Tusk’s coalition breaking the law. What we have been observing for several weeks now is evidence that the legal provisions in Poland in general seem to be on the edge,” the lawyer said.
Is the statement that the December 13 coalition throws the constitution in the trash and ignores its provisions justified?
– the interviewer asked the editor. Aleksandra Jakubowska.
Unfortunately, this is justified, because what we have been observing for several weeks now is evidence that legal provisions in Poland generally seem to be on the margins. (…) what has happened and is still happening in connection with the media, matters related to the activities of the Supreme Court, the interference of the Minister in determining how judges should judge in Poland, the use of resolutions and decisions that are used for internal affairs, they have no external consequences at all for us, people who are not subject to the Sejm… it would be possible to draw up a whole list of those activities that are contrary to the law. Both the constitution and the laws
– replied Prof. Anna Łabno.
The state must act on the basis and within the limits of the law, this is the minimum requirement for a rule of law system and this is how it should be implemented
– reminded Prof. Łabno, adding that “this situation is downright terrifying.”
We also asked the professor about the situation of MPs Wąsik and Kamiński and the denial of the president’s prerogative, which is an act of mercy. Before 2015, constitutional experts claimed in their textbooks that the power of pardon was unlimited, that it was the prerogative of the President, and that the President could exercise such power of pardon at any stage of the proceedings, including pre-trial detention. When he applied them to Messrs. Wąsik and Kamiński, it turned out that there was a different interpretation.
There are two procedures
– explained Prof. Łabno.
The procedure is based on the Constitution, based on Article 139, and this procedure is a privilege, it is an individual amnesty. The president took advantage of it in 2015 and during this eight-year period it was contentious, ultimately culminating in the president’s refusal to acknowledge this action and the placing of both men in prison. (…) and this is the procedure that the current rulers do not want to recognize under any circumstances
– she said.
And we have another procedure, based on the Code of Criminal Procedure, which the President has currently used to this extent, which allows him, for example, to initiate such a procedure at the request of the family. And in this case it was. (…) Under this procedure (…) the President is not bound by the opinions of the courts. The courts that participated in the proceedings and ultimately convicted the person – let’s put it in quotes – must issue a judgment. A certain amount of time is allocated for this and the procedure can be continued, but in order to complete the procedure, an advice must be issued. This is essential and necessary. However, the President is not bound by these opinions, which is very important here, and he can decide based on his position and his assessment of the legal situation.
– she explained.
In addition, he can, as he did, apply to the Attorney General, because he is the one who carries out these activities, for example for suspension of the execution of the judgment. And he did, but so far we don’t have the minister’s response in the form of a formalized decision – neither yes nor no. We are in limbo
– she added.
AJ/tkwl/wPolce.pl
Source: wPolityce