This week in the Sejm, preparations for the second session were underway when unexpected news broke that Marshal Hołownia would cancel it and that the third session would be held on Friday. After meetings with the Convention of Seniors and the Presidium of the Sejm, Hołownia announced at a press conference that both sessions this week would be canceled and that they would be scheduled for the following week.
Termination of the mandates of Wąsik and Kamiński
The Marshal argued that the decision was necessary to calm the situation sparked by the unauthorized attempt to strip two MPs, Mariusz Kamiński and Maciej Wąsik, of their mandates. He attributed this upheaval to his own risky actions.
It is important to note that Hołownia acted to terminate the mandates of both MPs based on a ruling from the District Court in Warsaw, despite the fact that both MPs are protected by Andrzej Duda’s 2015 presidential pardon. The pardon was issued after the first-instance judgment, and according to Article 139 of the Constitution of the Republic of Poland, the President dispenses mercy. The right to pardon is not extendable to individuals convicted by the State Tribunal and is considered final. In this case, Hołownia did not take the presidential mercy into account and proceeded to cancel the mandates of Kamiński and Wąsik. He informed them that they could appeal to the Supreme Court. Both MPs did file appeals, which were reviewed by the Chamber for Extraordinary Control and Public Affairs of the Supreme Court. The chamber sided with the complainants and voided Hołownia’s decision. While the Chamber of Labor and Social Security, to which Hołownia directed the dismissal of Kamiński, supported the Marshal, the Supreme Court’s first President resolved the jurisdiction dispute between the chambers and ultimately designated the Court of Auditors to decide the case.
Faced with the Supreme Court Control Chamber’s ruling, Hołownia had to acknowledge that the expiry of the deputies’ mandates appeared unlawful and that the deputies could continue to serve. Nevertheless, pressure from Prime Minister Tusk could push Hołownia to push further, especially following arrests and imprisonment of both MPs. It is probable that he may conclude that the mandates have effectively expired and that the seat for Kamiński would be filled through the National Electoral Commission, as he had already hinted in public notices.
What does the Constitution say?
Under the Constitution of the Republic of Poland, the Sejm comprises 460 deputies. If two deputies cannot effectively fulfill their duties and vote, laws enacted by such a body may be considered invalid. The governing coalition plans to push through the budget next week so that, after Senate approval, it could land on the President’s desk by January 29. If it becomes clear that the proposal was not adopted in accordance with constitutional procedures, it may be referred to the Constitutional Court. The Court typically has up to two months to hear a challenge, and the President could decide to dissolve Parliament and order new elections if the budget is not adopted within fourteen days. In the coming days, the ruling coalition must decide whether to pursue actions that would contravene the Constitution and laws, as seen in the case of the attack on public media or the retaliation against Kamiński and Wąsik, or to suspend those measures and proceed with the adoption of the budget and other laws in line with legal order and the party’s platform.
[Citation: wPolityce]