Marshal Szymon Hołownia announced that he will ask Ms Monika Pawłowska tomorrow whether she will exercise her right to take over the mandate from MP Mariusz Kamiński. “Legally it will be a violation of the law, and morally it will be an extreme disloyalty to our community, and especially to our politically persecuted colleagues,” Paweł Szrot of PiS, a former minister in the presidential office, said in an interview with wPolityce.pl.
The National Electoral Commission sent Marshal Szymon Hołownia a list with the names of candidates who have priority to take over the seat after Mariusz Kamiński. As for MP Maciej Wąsik, the National Electoral Commission considered Hołownia’s request to be substantive. At the same time, she stated that the letter is for information purposes only and does not reflect the position of the National Electoral Commission in a political and legal dispute. As PiS MP Paweł Szrot emphasizes, the National Electoral Commission first pointed out to Hołownia that he wanted to get rid of MPs Kamiński and Wąsik too quickly.
First of all, the National Election Commission instructed the Marshal that his termination of the mandates of both PiS MPs, Mariusz Kamiński and Maciej Wąsik, was premature. In my opinion it was clearly unlawful. Just as any actions aimed at allowing subsequent MPs from the list to replace MPs Kamiński and Wąsik who legally hold their seats will be illegal.
– said Paweł Szrot in an interview with wPolityce.pl. According to the letter to Hołownia, former MP Monika Pawłowska is the first on the candidate list, after Kamiński. The marshal will ask her whether she will take up the mandate. Paweł Szrot clearly assesses these activities.
If any of the candidates from our list in the districts where both MPs are elected decides to participate in these illegal activities of Marshal Hołownia, my assessment will be clear: both legally and morally. Legally it will be a violation of the law, and morally it will be an extreme disloyalty to our environment, and especially to our politically persecuted colleagues.
– emphasized the former minister in the presidential office. As he noted, the Marshal’s decisions in December were already premature because “the Supreme Court has not yet commented on the case. Then the Extraordinary Audit Chamber of the Supreme Court ruled that the marshal had unlawfully terminated the deputies’ mandates.
What legal force does the PKW letter have?
The wPolityce.pl portal asked Paweł Szrot, a lawyer and high-ranking official with many years of experience, about the meaning of the letter he received from the National Electoral Commission of Hołownia.
If I were to ask the National Electoral Commission who, in terms of the number of votes won, is next on the PiS list after Mariusz Kamiński and Maciej Wąsik, the National Electoral Commission would probably answer me too. But if I based my illegal actions on this simple information, I would simply be breaking the law
– said Szrot, emphasizing that “the marshal simply asked who was next on this list in terms of the number of votes and the National Electoral Commission answered him.”
What Hołownia does with this information is solely his responsibility and if he proposes that other MPs take over the mandate, he is breaking the law. In the same way, if he accepts an oath from them, he will break the law. This is my only possible comment on this matter. As far as I know legally, both MPs are currently in office. And any action that prevents them from acting in accordance with the mandate is illegal
– concluded the PiS MP.
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— The National Electoral Commission announced the names of candidates for parliamentarians only after Mariusz Kamiński. “This is not the position of the National Electoral Commission in a political and legal dispute”
– They’re going to hell. Hołownia: I will send a letter to Ms Pawłowska asking whether she has the right of priority to take over the mandate after Mr Kamiński
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Source: wPolityce