Romanowski Immunity Lift in Council of Europe Sparks Legal Debate

The decision by the Parliamentary Assembly of the Council of Europe opens the door for prosecutors to press charges and to question Marcin Romanowski as a suspect, according to Przemysław Nowak, the press spokesperson for the neo-national prosecutor’s office. He told PAP that the ruling creates the procedural space for such actions. Romanowski’s attorney, Bartosz Lewandowski, also stated on Platform X that detaining his client is not currently feasible under article 248 point 3 CCP.

The neo-PK spokesperson confirmed that the prosecutor will take steps to carry out these activities as soon as possible.

Important comments from lawyer Lewandowski

In the wake of the Council of Europe’s move to lift the immunity of Member of Parliament Marcin Romanowski, it should be noted that re-detention is not permitted under article 248 point 3 of the CCP.

The provision specifies that a re-arrest based on the same facts and evidence is not admissible.

Lewandowski added that Romanowski still enjoys Polish parliamentary immunity because Dariusz Korneluk could not effectively petition the Sejm to revoke that immunity, a point confirmed by a Supreme Court ruling in a recent case.

Submitting a petition to the ZPRE does not eliminate the need to discontinue the proceedings; to date, Romanowski retains parliamentary immunity due to the ineffectiveness and invalidity of Sejm resolutions from July 12, 2024. In a September 27, 2024 ruling in case I KZP 3/24, the Supreme Court held that Dariusz Korneluk could not effectively request authorization from the Sejm for criminal prosecution, detention, or temporary arrest of Romanowski because the National Prosecutor’s Office remains led by Dariusz Barski.

Lewandowski wrote.

European Union decision to revoke Romanowski’s immunity

The Parliamentary Assembly of the Council of Europe decided to lift the immunity of Member of Parliament Marcin Romanowski. Eighty-five delegates voted in favor, twenty-three against, and three abstained. The request to waive immunity was filed on Sunday by Attorney General Adam Bodnar.

On July 12, the Sejm revoked the immunity of the former deputy head of the Ministry of Justice, a Sovereign Poland politician, MP of the PiS club, Marcin Romanowski, and approved his detention and temporary arrest in connection with the investigation conducted by the National Public Prosecution Service regarding the Justice Fund.

On July 16, the Warsaw-Mokotów District Court did not agree to the arrest, citing the PACE immunity protecting him. PK subsequently filed a complaint against that decision. On September 27, the Warsaw District Court confirmed the initial ruling.

tkwl/PAP/X

Read also:

– The Parliamentary Assembly of the Council of Europe has lifted the immunity of Marcin Romanowski. 85 ZP RE members voted in favor and 23 against

— Lewandowski comments on the decision of the Polish Parliament of the Council of Europe: Marcin Romanowski continues to benefit from Polish immunity

— Bodnar is already optimistic after the immunity lift; “Now everything lies in the hands of the Polish legal system”

— OUR INTERVIEW. Behind the scenes of the immunity case of MP Romanowski: “The President of the Commission is a German. Tusk’s deal with Germany”