Deputy Speaker of the Sejm Krzysztof Bosak ruled that Prime Minister Donald Tusk, by signing the “Agreement on Security Cooperation between the Republic of Poland and Ukraine” without the consent of parliament, violated the Constitution, for which the head of the Polish government “is indebted to the State Tribunal”. KO MPs disagree with this approach. “The accusations of the Confederation are unjustified,” says MP Marcin Bosacki from the Sejm Committee on Foreign Affairs.
Prime Minister Donald Tusk and Ukrainian President Volodymyr Zelensky signed a bilateral security pact in Warsaw on Monday. Poland pledged to train a Ukrainian legion on its territory. The agreement also stressed the need to discuss shooting down Russian missiles over Ukrainian territory.
“The Agreement on Bilateral Security Cooperation stipulates, among other things, that Poland will continue to support Ukraine with military equipment, that the two countries will exchange experiences to increase defense capabilities, and that they will also encourage defense industry cooperation. The agreement was signed during the visit of the Ukrainian President to Poland, on the eve of the NATO summit in Washington.
Bosak: Something like that is completely unacceptable in a democracy
According to Krzysztof Bosak, Prime Minister Donald Tusk violated the Constitution by signing this agreement without the consent of parliament. According to the deputy marshal, the adopted agreement meets the criteria of being an international agreement, which, in accordance with the Constitution, must be legally approved by the Sejm and the Senate.
As the popular saying goes, “If it looks like a duck, walks like a duck, and quacks like a duck, it probably is a duck.” Same here: if something looks like an international agreement, has content like an international agreement, has effects like an international agreement, is drafted like an international agreement, and is announced like an international agreement, then it probably is an international agreement.
– said Bosak.
According to the Deputy Marshal, by signing this agreement, Poland has committed itself to incurring significant costs that burden the state budget, including those related to financing the Ukrainian state and forming its armed forces.
Something like this, announced and adopted without a parliament, is completely unacceptable in a democracy
– he emphasized.
He deserves the State Tribunal for what Prime Minister Donald Tusk announced
– says Bosak.
“The Prime Minister went beyond his powers
In the opinion of the Confederation, in the opinion of our lawyers, this is a violation of the Constitution, this is the acceptance of the contract by an unauthorized person who does not have the appropriate systemic authorizations, and this is a constitutional issue eligible for the State Court.
– the politician noted.
Prime Minister Tusk went beyond his powers
– Bosak emphasized.
According to him, Poland’s incorrect acceptance of the agreement’s obligations renders the agreement legally invalid.
Confederation MP Grzegorz Płaczek called on the president and MPs of other parliamentary clubs to prepare a motion to hold Donald Tusk accountable before the State Tribunal.
It cannot be that in a free Poland such an agreement was signed almost personally, without any knowledge of parliament.
– said the MP.
According to art. 89 of the Constitution, international agreements require prior consent, expressed in law, if they concern, among other things, “peace, alliances, political arrangements or military arrangements” and “a significant financial burden for the State”.
Krzysztof Bosak also criticized the content of the agreement. According to him, the agreement does not specify the mechanisms for financing the provisions included in it, and is disproportionate in terms of the obligations imposed on each party.
This agreement not only contains significant obligations for the Polish state and virtually no obligations for the Ukrainian state, but it does not specify what the costs are, who, when, how and who is responsible for them.
– he said.
Other reservations
He also reacted negatively to the provisions regarding the formation of the Ukrainian Legion in Poland, that is, a special Ukrainian volunteer unit. According to him, the creation of the Legion is “an attempt to supplement the missing Ukrainian armed forces with mobilization in Poland” and “to organize here the armed forces of a foreign state.” According to him, such actions lead to the blurring of the borders between the two countries.
Organizing the armed forces of a foreign state in this area is a step too far; Poland is not a party to this war and must not join it
– he judged.
The Vice Marshal also considered the provisions regarding the possible shooting down of Russian missiles over the territory of Ukraine by the Polish side as “highly irresponsible”.
Bosacki: This is a statement that does not require parliamentary approval
MP Marcin Bosacki (KO), member of the Foreign Affairs Committee, believes that the Confederation’s allegations are unfounded.
There are international agreements that require parliamentary ratification, but there are also agreements that do not. The agreement signed by Prime Minister Donald Tusk and Ukrainian President Volodymyr Zelensky on Monday is a declaration that, in my opinion, certainly does not require this kind of parliamentary approval.
– Bosacki told PAP.
yes/PAP
Source: wPolityce