Polish political moves and constitutional debate analyzed

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Deputy Prime Minister and Minister of National Defense Władysław Kosiniak-Kamysz stated that if Maciej Wąsik and Mariusz Kamiński wish to enter the Sejm as former parliamentarians, they would need to show the identity cards of former MPs. If they obtain them, they could watch parliamentary sessions from the gallery, but this would not grant them access to the plenary chamber. He also commented on potential constitutional changes, saying that while there may be support from some Law and Justice MPs, the resulting legal chaos would hurt everyone, especially those who caused it.

On TVN24, the Deputy Prime Minister referred to the case of Wąsik and Kamiński, who are likely to seek entry to the Sejm as MPs today.

Poland must follow the law. Not everyone will accept it, but there is a plan to enforce it, the president of PSL asserted.

He added that the parliamentary mandates of both politicians expired the day the final court ruling was issued.

“Hołownia did very well.”

When asked whether Szymon Hołownia should categorically bar Kamiński and Wąsik from entering the Sejm, Kosiniak-Kamysz replied: “Hołownia showed that the Sejm can look different. Some doubted it, but the first month changed everything. He handled it well and I think he knows what to do in this situation too.”

The Deputy Prime Minister noted that if Wąsik and Kamiński want to enter the Sejm, they must present the identity cards of former parliamentarians.

If they obtain the documents, they would demonstrate that they are former MPs. They could observe the proceedings from the gallery, he added. This does not grant them the right to enter the plenary chamber or vote.

“PiS is trying to build its ‘next political myth.’”

Kosiniak-Kamysz argued that PiS is attempting to craft a new political narrative around the situation.

On January 23, President Andrzej Duda announced a clemency decision for MPs Mariusz Kamiński and Maciej Wąsik, who were detained and later imprisoned on January 9. The two PiS politicians were informed of the decision on January 23. They had left prison in Radom and Przytuły Stare on January 21. The next day, the Sejm Marshal Szymon Hołownia announced that Kamiński and Wąsik were no longer members of parliament. Many lawyers and politicians from Law and Justice hold differing views.

“What constitutional changes does Kosiniak-Kamysz want?”

Regarding constitutional changes that would require the votes of at least 40 PiS MPs, Kosiniak-Kamysz replied: “I think they will be found during this term. The deepening legal chaos will affect everyone, especially those who caused it.” He added that if PiS rejects the proposal, its responsibility for the lack of justice will be even greater.

The Deputy Prime Minister explained that the changes he wishes to see in the Constitution focus mainly on a new chapter concerning the Constitutional Court.

Another approach would hinge on a different majority — 3/5. He suggested continuing a system where judges’ terms are adjusted, with some renewed for longer periods and others for shorter terms during the first term.

He noted that this would reset the current team’s tenure. When asked what interest PiS might have in replacing Tribunal judges who support the party, he said that if the party backs the changes, it would participate in electing new Tribunal judges.

“In any case, PiS will lose its majority in the Constitutional Court.”

He argued that PiS would still lose its majority in the Constitutional Court, which he described as lacking credibility.

Kosiniak-Kamysz pointed out that the Constitutional Tribunal is a central element of Poland’s legal framework and referred to it as a systemic cornerstone. He warned that without reorganizing the Constitutional Tribunal, other issues would keep resurfacing and end up at the Supreme Court’s appellate level, which currently does not exist.

The Defense Minister announced that a proposal to amend the constitution to improve the justice system would be presented in the coming days.

The amendment would require Sejm approval by a two-thirds majority in the presence of at least half of the legal deputies, and Senate approval by an absolute majority in the presence of at least half of the senators.

Like a chant, some politicians from the ruling coalition insist that Kamiński and Wąsik are not currently members of parliament. They argue that Hołownia’s statement about the expiry of their mandates was overturned by the Supreme Court’s Chamber of Extraordinary Control and Public Affairs. They noted that the MPs do not need IDs of former MPs. They also suggested that if PiS supports constitutional changes, the coalition would allow its MPs to participate in electing new Tribunal judges on December 13, but described this as the current government showing arrogance.

[Citations attributed to wPolityce]

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