“If the law is broken now, those who do so must realize that the end does not justify the means. If they now believe that the just and good goal of restoring the rule of law allows them to act unlawfully, it may soon become apparent that there was an abuse of power with all its consequences,” said Prof. Ryszard Piotrowski, constitutionalist of the University of Warsaw.
When asked about the current constitutional crisis, editor Jacek Karnowski’s interlocutor pointed out that the fundamental value defined in the Basic Law is dialogue.
The sovereignty of the state is based on the fact that it has a constitution and that this constitution is respected. If a constitutional crisis arises, it can be overcome by reaching agreement and clarifying the issues that raise doubts
– be Prof. Piotrowski.
The constitution does not allow the use of resolutions instead of laws or limits the rights of the opposition. Both the majority formed as a result of the elections and the opposition are representatives of the sovereign. To the same extent, they express the aspirations and positions of the sovereign and embody the principle of representative democracy
– he said.
Why are Kamiński and Wąsik MPs?
When asked whether MPs Mariusz Kamiński and Maciej Wąsik are MPs and therefore have the right to enter the Sejm to perform the duties arising from their parliamentary mandate, the constitutionalist replied:
It is not individual lawyers, such as myself, who decide whether MPs are MPs. This is decided by the voters and, in questionable situations, by the court.
The questionable situation arises against the background of the final conviction that has taken place and ensures that the mandate of the President of the Sejm automatically expires. The marshal has no move in this regard and must declare that the mandate has expired on the basis of the final judgment.
– emphasized Prof. Ryszard Piotrowski.
However, MPs can appeal this decision of the marshal to the Supreme Court. The Supreme Court, composed of the Chamber of Extraordinary Control and Public Affairs, assesses the validity of this appeal and determines whether it is effective or not. In this case he found it effective. Therefore, the President of the Sejm cannot now revise this decision. He just has to do them. And that’s it
– he remembered.
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There is no IKN, so no Sejm?
However, there is an argument: but the IKN is not a court. It is partly correct with regard to cases in which the IKN would apply European law, because the CJEU ruled that this chamber does not have the necessary characteristics of a court and is therefore not a court of European law. But in other respects, where there is no European component, this chamber is definitely a court
– pointed out the guest from Telewizja wPolska.
Moreover, it was this chamber that on January 11 declared the validity of the parliamentary elections, and earlier – the validity of the presidential elections. There may be doubts as to whether or not it is formed correctly, but the law states that this is the correct room here.
– added.
When asked about the words of PiS President Jarosław Kaczyński, who pointed out today that it was the Chamber of Extraordinary Control and Public Affairs that confirmed the validity of the October elections, Prof. Piotrowski noted:
If there is no Sejm, there is no government, which after all is a reflection of the parliamentary majority.
If there is no body that can determine the legality of the authorities of the Republic of Poland, there is no sovereignty
– emphasized the lawyer.
READ ALSO: Jarosław Kaczyński: If the Sejm does not recognize the Chamber of Extraordinary Control, the elections are not confirmed – that is, there is no Sejm
“The new constitution will not be better than the current one.”
When asked about ideas for writing a new constitution, Prof. Ryszard Piotrowski replied:
I don’t accept this idea. The new constitution, created and written because of the imperfection of politicians and their inability to work together, will not be better than the current one.
The Constitution currently in force contains very important provisions regarding the limits of power. I can imagine that its application is difficult and that politicians cannot cope with its provisions, but this does not mean that they can create rules again because of their needs and their imperfections.
– he pointed.
A constitutional expert from the University of Warsaw pointed out that a new constitution, for example, is created in situations of a “new start”, a “new beginning”, and currently we are not dealing with such a moment.
Prof. Piotrowski also believed that – yes – representatives of the authorities who have broken or violated the law in the past should be held accountable, but that this should work both ways.
If the law is broken now, those who do so must realize that the end does not justify the means. If they now believe that the just and good goal of restoring the rule of law allows them to act illegally, it may soon become apparent that there was an abuse of power with all its consequences.
– he emphasized.
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aja/Television wPoland
Source: wPolityce