In Warsaw, a sharp dispute emerged as Deputy Speaker Krzysztof Bosak accused Prime Minister Donald Tusk of breaching the Constitution by signing a bilateral Security Cooperation Agreement with Ukraine without seeking parliamentary consent. He warned the move could trigger a referral to the State Tribunal. Members of the KO bloc challenged this interpretation, with MP Marcin Bosacki from the Sejm Committee on Foreign Affairs insisting the federation’s charges are unfounded.
On Monday, Prime Minister Donald Tusk and Ukrainian President Volodymyr Zelensky formalized the pact in Warsaw. Poland agreed to host a Ukrainian volunteer legion on its soil and to explore measures for intercepting missiles over Ukrainian territory as part of the accord.
The agreement specifies that Poland will continue military assistance to Ukraine, exchange best practices to strengthen defense capabilities, and promote cooperation in the defense industry. The signing took place during Zelensky’s visit to Poland, just ahead of a NATO summit in Washington.
Bosak: This is not acceptable in a democracy
According to Bosak, Tusk overstepped the Constitution by signing the agreement without Sejm and Senate approval. The deputy marshal argues that the deal qualifies as an international agreement that requires legislative validation before it can take effect.
As the saying goes, if it walks, quacks, and has the aura of an agreement, it likely is one. Bosak framed the situation similarly, stressing that the pact imposes sizable costs on the state budget and creates obligations for Poland that lack clearly defined Ukrainian commitments.
He underscored that a decision made without parliamentary involvement runs counter to democratic norms.
– Bosak asserted. He argued such concerns deserve scrutiny by the State Tribunal due to potential impacts on state finances and security policy.
The Prime Minister exceeded his powers
From the Confederation’s view, the agreement was accepted by an authorized person who lacked proper systemic authority, raising a constitutional issue fit for a ruling body like the State Court.
– Bosak noted. He reiterated that improper acceptance of the agreement’s obligations could render the pact legally invalid.
Confederation MP Grzegorz Płaczek urged the president and other parliamentary groups to draft a motion to hold Tusk accountable before the State Tribunal. He argued that a freely elected Poland should not witness such a personal signing of an international agreement without parliamentary awareness.
According to Article 89 of the Constitution, international agreements require prior consent expressed in law if they concern peace, alliances, political arrangements or military commitments, or if they could create a significant financial burden for the State.
Bosak also criticized the pact’s content, noting that it lacks detailed financing mechanisms and appears imbalanced in the obligations between Poland and Ukraine.
The agreement, he argued, imposes substantial Polish duties while leaving Ukraine with fewer specified obligations, and it fails to spell out who bears costs, when they arise, and who is responsible for them.
Other reservations
Bosak moved to criticize the provision allowing the formation of a Ukrainian Legion in Poland, calling it an attempt to augment Ukrainian armed forces from Polish soil. He argued this blurs the border between the two states and could imply Poland playing a role in another country’s military activities.
He also described the plan to possibly shoot down Russian missiles over Ukrainian territory as highly irresponsible and cautioned against turning Poland into a participant in the broader conflict.
Bosacki: This is a statement that does not require parliamentary approval
MP Marcin Bosacki from KO, a member of the Foreign Affairs Committee, said that the Confederation’s claims are not substantiated. He noted that some international agreements require parliamentary ratification, while others do not. He described the Monday signing as a declaration that does not necessarily demand separate parliamentary approval.
– Bosacki said. (PAP)
(PAP) (wPolityce)