The defense plans to appeal to the Supreme Court against the decision of the Sejm Speaker to expire the parliamentary mandates of two lawmakers. The appeal was conveyed to PAP by the attorney representing Mariusz Kamiński, Michał Zuchmantowicz, who described the action as a formal step taken after a notice was delivered by post.
According to the Supreme Court press team, the Chamber for Extraordinary Scrutiny and Public Affairs at the Supreme Court has received petitions from Mariusz Kamiński and Maciej Wąsik challenging the Sejm Speaker’s decision to terminate their parliamentary seats.
Kaminski’s lawyer, Michał Zuchmantowicz, informed PAP that the appeals were filed on Friday in two routes: to the Sejm chair and directly to the Supreme Court, as a precaution because there were doubts about the Speaker’s compliance with procedure.
He stressed that efforts are being made to prevent any procedural delays and to ensure that deadlines are met.
– noted the lawyer.
The Marshal of the Sejm, Szymon Hołownia, issued decisions on December 21, 2023, after the end of December 20, 2023, to terminate the parliamentary mandates of MPs Mariusz Kamiński and Maciej Wąsik.
As reported by the Sejm Information Center, the justification stated that constitutional provisions bar individuals who have been final convicted of intentional crimes prosecuted by public indictment from being elected to the Sejm, as well as those convicted of intentional fiscal offenses. In line with the Electoral Act, the same limitation is applied to the Senate. The consequence of losing the right to stand for election is the termination of a Member of Parliament’s mandate.
– CIS reported. The Sejm Speaker’s decision stems from the final judgment of the District Court in Warsaw, which on December 20 sentenced Kamiński and Wąsik to two years in prison in connection with activities related to the so-called 2007 land scandal, dating from their past positions within the CBA leadership.
Under the regulations, a challenge to the Sejm Speaker’s decision can be lodged with the Supreme Court within three days from the ruling date.
An attempt to deliver the notice regarding the expiry of parliamentary mandates
During a meeting of the Sejm Committee on Administration and Home Affairs, an official from the Sejm Chair’s office attempted to hand Kamiński and Wąsik a letter informing them of the expiry of their mandates. The recipients declined to accept it, explaining that the notice should have been sent by post and had not yet been received. Committee chair Maria Janyska stated that former ministers were no longer parliamentarians and halted the proceedings, as Kamiński and Wąsik left the meeting.
Kaminski asserted that his seat was earned by the will of 44,000 voters, not by any favor from the Marshal. He stressed that all actions taken during the session were illegal and questioned the motives behind the attempt to deliver the letter in person. He added that he would pursue all available legal avenues to challenge the decision.
Wąsik echoed that nothing was delivered to him, describing the event as a farce. He argued that a parliamentary official interrupted the committee meeting while the Minister of the Interior and Administration presented the budget, preventing MPs from fulfilling their duties. He labeled the situation a scandal and a setup.
According to Zuchmantowicz, the Code of Administrative Jurisdiction does not apply to the Sejm Chairman’s procedure in question, and the authority should avoid delivering the notice by post while issuing an immediate, perhaps flawed, follow-up decision. This stance underlined a lack of trust and prompted the defense to pursue action before two institutions. He also noted that after mailing the notice, once it arrives, another appeal may be necessary.
—