Judge Bohdan Bieniek of the Chamber of Labor and Social Security of the Supreme Court argued in an interview with TVP Info that the justification for the expiry of MP Mariusz Kamiński’s mandate has already been signed and will be handed over to the party today or tomorrow. He also argued that the Chamber of Extraordinary Scrutiny, which overturned the Sejm Speaker’s decision, is “not a court.”
The justification for the expiry of Mariusz Kamiński’s mandate has already been signed by the Judge-Rapporteur, I will sign it today, it will be handed over to the parties today or tomorrow
– said Judge Bieniek
Mariusz Kamiński’s appeal against the decision of Sejm President Szymon Hołownia on the expiry of his parliamentary mandate was examined by the Labor Chamber of the Supreme Court on January 10 during a closed session of three judges, chaired by Judge Bieniek.
At the same time, the ruling of the Chamber of Labor indicated that the previous decision in the same case of the Extraordinary Control Chamber of the Supreme Court, which annulled the decisions of the Chairman of the Sejm upon the expiry of Kamiński’s mandate, was not a ruling of the Supreme Court Council.
Bieniek: IKN is not a court
Judge Bieniek emphasized on Tuesday that the legal system must be in the common interest of all citizens, “and this means that we respect the judgments pronounced in this legal system.”
If someone is a hero to a social group, do we judge the person, their entire life, or the act they committed? These assessments do not have to be consistent. When issuing a verdict, the judge decides on the basis of what a particular person is accused of
– he emphasized.
He added that the written statement of reasons will build on the statements made during the oral announcement of the decision.
We said that (Kamiński – PAP) was sentenced to prison by final verdict, and this is one of the grounds. Secondly, on the day of the verdict, the MP was entered in the National Criminal Register as a person convicted of a legally binding crime. Thirdly, the Marshal (of the Sejm – PAP) made an appropriate decision to terminate the mandate and handed it over to the interested persons.
– said Judge Bieniek.
He said that the justification would also include a reference to why the Labor Chamber of the Supreme Court ruled in the Kamiński case.
Of course, the most important (justification – PAP) from the point of view why the Chamber of Labor ruled will also be developed accordingly, and it amounts to a brief statement that the Chamber for Extraordinary Scrutiny and Public Affairs of the Supreme Court is not a court and therefore constitutes its statements do not constitute an act of application of the law.
– said Judge Bieniek.
He added that “from the perspective of the Supreme Court (…) the Chamber of Extraordinary Scrutiny does not constitute an independent court.”
Whether this is a politicized entity I will leave to publicists and journalists
– said Judge Bieniek.
The case of Kamiński and Wąsik
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 by final verdict on December 20, 2023 in connection with the so-called land scandal. Therefore, the Marshal of the Sejm has decided to let their parliamentary mandate expire.
Szymon Hołownia made such a decision despite the pardon of the parliamentarians by President Andrzej Duda in 2015. He also transferred the appeal of MP Mariusz Kamiński to a different chamber of the Supreme Court than specified in the law, which the first president pointed out. of the Supreme Court, Małgorzata Manowska, and the actions of both the Chairman of the Sejm and the President of the Chamber of Labor and Social Security, Piotr Prusinowski, as “unacceptable”.
Or perhaps Judge Bieniek, since he kindly leaves the assessment of the possible politicization of the IKN to publicists and journalists, should also assess the politicization of his own chamber, which Marshal Hołownia has asked to allow to hear the case to trust. case of Kamiński and Wąsik to a bank “which will not undermine confidence.”
READ ALSO:
-Kamiński appeals to Hołownia: you are breaking the law, man! Do not do this. “The evidence in his case is very abundant.”
-1st President of the Hołownia Supreme Court: “Requests to entrust the case to a specific panel constitute an unacceptable attempt to influence the selection of judges”
yes/DAD
Source: wPolityce