Monika Pawłowska and the Illegality of a Mandate: A Closer Look at the Sejm Controversy

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Although members of Law and Justice have repeatedly stated that Monika Pawłowska cannot join their parliamentary group and that her mandate is invalid, she told wp.pl’s program Tłit that she is working hard to gain admission and believes she could become a future Law and Justice MP.

On Tuesday evening, Monitor Polski published the Sejm Speaker Szymon Hołownia’s decision to fill Pawłowska’s vacant seat following the expiration of Mariusz Kamiński’s mandate.

Recently Pałłowska noted during an appearance that she visited the Marshal on a clearly defined matter and that she hopes to be a future member of the Law and Justice parliamentary group.

– Monika Pawłowska announced this on Wednesday in the program Tłit on wp.pl when asked how she should be addressed now.

When asked whether she would also like to join the PiS club, she responded: “I don’t know yet.”

READ ALSO:

-And yet! Monika Pawłowska announces that she will take over the mandate from Mariusz Kamiński, expressing a desire to join the PiS club

-Czarnek offers a harsh assessment of Pawłowska’s decision, calling it a scandal that she assumed an 461st, non-existent, illegal mandate in the Sejm

“Illegal mandate”

The host noted that PiS spokesperson Rafał Bochenek stated on Tuesday that Pawłowska accepted an illegal mandate and that the party cannot admit her to its parliamentary club.

Pawłowska reportedly accepted the 461st mandate—an entitlement that is not recognized de facto or de jure (as described in Article 96 of the Constitution). This is why PiS cannot include her in its parliamentary club.

– wrote on the X platform.

“I am counting on it and will strive very hard to be accepted into the Law and Justice club,”

– said Pawłowska. When asked if she knew that such a thing might not happen, she emphasized that she would not mislead at this moment.

READ ALSO:

-The PiS club is not for Pawłowska? Bochenek clarifies: we cannot accept it. She took over an illegal mandate that does not exist

-ONLY HERE. Pawłowska as a Member of Parliament? Prof. Łabno expresses doubt: this would be the 461st mandate and thus a clear breach of the law

“No one has contacted me”

She added that there appear to be no reasons at present to expel her from the party.

No one has contacted me about excluding me or about not being accepted into the club, or about excluding me from the party.

– she said.

She also noted that she is not involved in the dispute over whether Mariusz Kamiński is a member of parliament.

Pawłowska had previously stated that she would not consider joining any parliamentary club other than PiS.

If her club does not agree to her becoming a member, she would become an independent MP.

– she said.

The case of Kamiński and Wąsik

On December 20, 2023, the Warsaw District Court sentenced Mariusz Kamiński and Maciej Wąsik to two years in prison for exceeding their powers in the so-called 2007 land scandal. A day later, the Sejm Speaker issued a decision to suspend their mandates to allow both PiS MPs to expire.

Both appealed the marshal’s decision to terminate their mandates. The Marshal of the Sejm referred these appeals to the Chamber of Labor and Social Security of the Supreme Court.

However, the judge handling Wąsik’s dismissal case at the Chamber of Labor issued a decision transferring the case to the Chamber of Extraordinary Control, overturning the Marshal’s decision to dismiss Wąsik’s mandate. The next day, this chamber withdrew the decision to expire Kamiński’s mandate. This happened because both politicians, regardless of their appeals submitted to the Chamber of Labor through the Marshal, had also submitted their appeals directly to the Chamber of Control—the competent authority for this matter.

Meanwhile, the Chamber of Labor and Social Security, which rejected Kamiński’s appeal sent there by the Speaker of the Sejm, did not sustain it on January 10. On the same day, the decision of the Chairman of the Sejm on the expiry of Mariusz Kamiński’s mandate was published in Monitor Polski.

Marshal of the Sejm Szymon Hołownia has repeatedly asserted that Kamiński and Wąsik are no longer parliamentarians. Law and Justice politicians hold a different view. In early February, Hołownia prevented MPs Kamiński and Wąsik from entering the parliament building. The barriers returned in front of the Sejm, despite the Marshal’s statements.

Pawłowska became a ninth-term Sejm member after running on the Democratic Left Alliance list on behalf of the Wiosna party. She later served as vice-president of the left-wing parliamentary club. In March 2021, she left the Wiosna club and party, joining Jarosław Gowin’s agreement and becoming a non-affiliated MP. In September 2021, she left Porozumienie and soon announced joining the PiS club and subsequently becoming a PiS member. In the 2023 parliamentary elections she stood on the PiS ticket and received 10,789 votes.

Why is Pawłowska’s mandate deemed illegal?

On the wPolityce.pl site, editor Wojciech Biedroń details why Monika Pawłowska cannot take over the seat of MP Mariusz Kamiński.

In Kamiński’s immunity case there is another important argument that counters Szymon Hołownia’s claims. Refreshing the memory helps here. The decision of the Chamber of Extraordinary Control and Public Affairs of the Supreme Court regarding Kamiński was issued before the Chamber of Labor and Social Security’s decision. Therefore, the initiative of the Chamber of Labor, which confirmed Hołownia’s termination of Kamiński’s mandate as valid, was issued under conditions of disability.

– notes the journalist.

PiS MP Marek Ast told wPolityce.pl yesterday: The entire PiS club believes that Kamiński and Wąsik’s mandates have not expired. They remain parliamentarians with valid mandates and immunities. They should be able to perform parliamentary duties. We view Hołownia’s actions as illegal and without legal basis in light of the Supreme Court and the Chamber of Extraordinary Control decision.

READ ALSO:

-Monika Pawłowska cannot become a member of parliament. The path was blocked by Szymon Hołownia himself, who breached the law several times

-ONLY HERE. Pawłowska in the PiS club? Marek Ast: there will be no permission for this. We do not accept this decision, it is participation in an illegal procedure

So the question remains whether Monika Pawłowska truly understands her situation.

yes/DAD

Source: wPolityce

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