Szymon Hołownia appears to be playing a peculiar game around the process for replacing MPs Wąsik and Kamiński. If he truly bases his decisions on legal provisions, why did he fail to publish the required notice in Monitor Polski? According to reports from the wPolityce.pl portal, the Speaker of the Sejm faces a notable snag. Support from former PiS ministers is giving Hołownia an issue bigger than he anticipated.
READ ALSO: Head of the National Electoral Commission on Wąsik and Kamiński says that until Monitor Polski carries an official announcement, there is no procedure to replace MPs.
Until Monitor Polski publishes the notice about the expiry of mandates, the National Electoral Commission will not appoint additional candidates from the electoral lists.
– noted the chairman of the National Electoral Commission, Sylwester Marciniak, regarding the expiry of the mandates of PiS politicians Mariusz Kamiński and Maciej Wąsik.
According to the Electoral Act, the publication of this decision by the Marshal in Monitor Polski means that the individuals involved have not exercised their right to appeal, or that the appeal has not been accepted by the Supreme Court. The next step then rests with the National Electoral Commission. The Commission will appoint further candidates.
– stated Marciniak, drawing attention to art. 251 §1 of the Electoral Code.
This section of the code clearly states that the Marshal of the Sejm, based on information from the National Electoral Commission, will notify the next candidate from the same list who received the highest number of votes at the elections, of his priority over the mandate in the case of the dismissal of an appeal by the Supreme Court against the President of the Sejm’s decision after the mandate expires.
The situation becomes more complex because the Chamber for Extraordinary Control and Public Affairs decided to accept the call of MPs Kamiński and Wąsik, which means there is no question of appointing another MP from the electoral list.
Yet Hołownia pretended there was no issue and waited for the Supreme Court Chamber for Labour and Social Security to rule. The decision was anticipated in the case of Mariusz Kamiński at 11 a.m. the following day. However, this move is seen as illegal by many because the dismissal of the former head of the CBA had already been decided by the Chamber responsible for resolving the case, namely the Chamber for Extraordinary Control and Public Affairs. The same happened with the dismissal of Maciej Wąsik. If Hołownia intends to rely on the Chamber of Labour’s legal act, it could lead to a serious breach of the law.
Hołownia cannot act as if the Court’s decisions do not exist. Information from the wPolityce.pl portal indicates that both resolutions from this House were sent today to the Sejm Chancellery. The actions were expected to be carried out personally by representatives of both PiS MPs.
Hołownia has found himself on the losing end of a political chess match with the team led by Kamiński and Wąsik from the first moment of the crisis he caused. It also emerged that his meeting with Judge Prusinowski, the President of the Chamber of Labour and Social Security of the Supreme Court, ended in awkward fashion for both parties. The rotating chair of the Sejm may soon find himself isolated on the battlefield.
Citation: wPolityce