Procedural overview on replacing MPs Kamiński and Wąsik
Until Monitor Polski publishes an official notice about the expiry of mandates, the National Electoral Commission will refrain from appointing new candidates from the PiS list. This stance was stated by the Commission’s chairman, Sylwester Marciniak, in reference to the expiry issue involving PiS politicians Mariusz Kamiński and Maciej Wąsik.
Since yesterday, the Marshal of the Sejm, Szymon Hołownia, has been examining the Kamiński and Wąsik case. This morning he met with the chairman of the National Electoral Commission, Sylwester Marciniak, to discuss the matter.
Recent reports note that Kamiński and Wąsik visited the president and that court documents were handed to the police. There was an attempt to arrest them, according to coverage of the events.
How the replacement of parliamentarians works
Following his discussion with the Sejm’s Speaker, Marciniak was asked whether the process to replace Kamiński and Wąsik with the next candidates on the PiS list could begin.
The legal framework presents a clear path on one hand but can seem complex on the other.
The Constitution prohibits an individual sentenced to prison for an intentional crime from being elected as a deputy or senator. This is a fundamental rule in the electoral system.
Electoral Law adds that candidates for deputies or senators must submit a written declaration confirming their right to be elected. This becomes the focal point for any court judgment relating to criminal records, ensuring only eligible candidates are registered by district electoral committees after verification against the national criminal register.
In practice, after the election results are announced, the Minister of Justice has a fourteen‑day window to verify the information in the national criminal register and confirm whether those individuals are eligible to hold office. If the Justice Minister discovers information indicating a conviction for an intentional crime, the Marshal of the Sejm assesses the expiry of the mandate and proceeds accordingly.
The Electoral Act specifies that the Marshal’s decision, once published in Monitor Polski, signals that those involved have not exercised their right to appeal or that the Supreme Court has not accepted the appeal. The next step then falls to the National Electoral Commission, which would appoint additional candidates.
From Marciniak’s perspective, the process remains dependent on ongoing appeals against the initial mandate expiry decision. The Commission awaits further steps as the case unfolds.
The electoral process is at a stage where appeals by Kamiński and Wąsik against the mandate expiry decision are pending, and the Commission anticipates further developments in the sequence of events.
Impact of the Monitor Polski notice
When asked whether a conviction alone automatically ends a mandate and allows new MPs to be elected, Marciniak replied that the consequences depend on the Marshal of the Sejm and the final decision on the expiry of a deputy or senator’s mandate. For the National Electoral Commission, the effect of expiry is triggered solely by Monitor Polski announcing the Marshal’s decision.
As for whether Kamiński and Wąsik retained their seats, Marciniak noted that no new appointments would be made until the Monitor Polski publication appears. The timing of the Monitor Polski notice is crucial for electoral procedures.
The Commission learned that the Marshal had indicated he would publish the Monitor Polski notice once the Supreme Court delivered a ruling on the appeal. This could influence whether the Sejm conducts sessions with a partial membership, a scenario that can occur in certain circumstances, such as when a member is slated to become a member of the European Parliament.
Recent conversations at the highest levels
The expiry of Kamiński and Wąsik’s mandates dominated talks yesterday between President Andrzej Duda and Marshal Szymon Hołownia at the Presidential Palace. The president affirmed his previous pardons in 2015 for Wąsik and Kamiński and suggested closing the case to prevent further unrest. He stressed that the issue remains unresolved and that no agreement has yet been reached.
Hołownia also consulted with the Commissioner for Human Rights, Marcin Wiącek, and the head of the Ministry of Justice, the Attorney General, Adam Bodnar. He held discussions with experts, including former Supreme Court president Adam Strzembosz, former Constitutional Court presidents, and other seasoned figures from the judiciary and national electoral bodies.
Both Kamiński and Wąsik were sentenced to two years in prison in a final judgment related to a political‑financial scandal. This is the reason behind the Marshal’s expiry decisions. The Sejm’s Chancellery had previously activated procedures to deactivate Kamiński and Wąsik’s parliamentary cards, with sessions scheduled for mid‑January.
The Warsaw District Court also noted that executive documents were prepared, including transfer orders for Kamiński and Wąsik to penitentiary facilities. The Supreme Court’s Chamber for Extraordinary Control and Public Affairs reviewed related appeals and adjustments to the proceedings, with some decisions affecting the status of the two MPs.
Additional reports mentioned talks about possible future consultations with the head of the Ministry of Justice, the rights commissioner, and the National Electoral Commission chair. Analysts and observers continue to discuss potential outcomes and the legal pathways for resolving the case.
News updates emphasized the ongoing nature of the saga, highlighting consultations and the evolving stance of the involved institutions as events unfold.
— End of report