““Any action on Portal X in the form of an attempt to withdraw this co-signature is simply completely legally ineffective,” said President Andrzej Duda, Donald Tusk’s latest political stunt. “Many people say that this is a ridiculous and terrible situation. It is funny because the prime minister is withdrawing his own signature, and it is terrible because it shows that the prime minister is signing a document again and does not know what he is signing,” the head of state said.
Tusk “withdraws” co-signing
Prime Minister Donald Tusk announced this
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The President recalls the lawyers’ statements
They asked the journalist about this specific political distortion of Donald Tusk President Andrzej Duda during a press conference after a meeting with the President of Finland, Alexander Stubb.
Today is the meeting of judges of the civil chamber of the Supreme Court. (…) Yesterday we heard the statement of a representative of the Supreme Court, who clearly said that the presidential decree was issued, co-signed, published and had legal effects. And this is today the position of the Supreme Court, which was realized by the organization of this Assembly
– said the president.
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You also heard the statements of lawyers who clearly identify with the option in favor of the Prime Minister. I am thinking of the statements of Mr. Judge Prusinowski and Mr. Prof. Chmaja, who clearly said that any withdrawal, appeal or cancellation of the Prime Minister’s co-signature on the basis of the President’s decision is simply legally impossible
– he emphasized.
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The decree is issued by the President of the Republic of Poland. This is an official act. The Prime Minister’s co-signature, of course, has constitutional significance, but only in the sense that it means taking political responsibility for the content of a particular act, and not for its issuance. And this is indeed how it is treated. From the point of view of a possible complaint to the administrative court that is tried, in my opinion this does not fall within the jurisdiction of the administrative court at all, because this is not an administrative act. The administrative court does not have jurisdiction to hear this case
– the president explained.
The situation is ridiculous and terrible
Andrzej Duda continued that “many people find this a ridiculous and terrible situation.”
It’s funny because the Prime Minister is withdrawing his own signature, and it’s scary because it shows the Prime Minister signing a document again and not knowing what he’s signing.
– he added.
President Duda once again recalled the year 2013 and the agreement on cooperation between the Polish services and the Russian FSB, which caused a nervous reaction from the current and then Prime Minister Donald Tusk during his previous such statement.
Now he co-signs the document, after having carried out the entire procedure in consultation with the Prime Minister’s Office, and he cites the fact that the Prime Minister’s Office did not respond to its “political content”? I must tell you that this is a strange situation to say the least, but legally it is very clear
– he said.
As President Duda stressed: “Any action on the X portal in the form of an attempt to cancel this co-signature is simply legally completely ineffective.”
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olnk/wPolityce.pl/PAP
Source: wPolityce