There is concern that the Sejm might operate with an unconstitutional makeup, which could lead to the law being passed in a way that later proves invalid, warned Confederation MP Krzysztof Bosak on The Heart of the Matter. He referenced actions by the Sejm’s Speaker regarding the parliamentary mandates of Mariusz Kamiński and Maciej Wąsik.
Wąsik and Kamiński remain MPs protected by immunity
On Wednesday, January 3, the Chamber of Labor and Social Security of the Supreme Court received appeals from Maciej Wąsik and Mariusz Kamiński against the Marshal’s decision to terminate their mandates, a move issued by the Sejm’s Speaker, Szymon Hołownia. Early Thursday, January 4, the Labor Chamber decided to transfer Wąsik’s case to the Chamber for Extraordinary Control and Public Affairs of the Supreme Court. Later that afternoon, the Supreme Court’s Extraordinary Control Chamber annulled the Speaker’s decision to end the mandate of MP Maciej Wąsik, a development first reported by the wPolityce.pl portal.
Further reporting from wPolityce.pl indicated that on Friday, January 5, the Chamber for Extraordinary Control and Public Affairs of the Supreme Court rejected the Sejm Speaker’s decision to terminate Mariusz Kamiński’s mandate.
READ MORE:
– OUR NEWS. Mariusz Kamiński remains a Member of Parliament and protected by immunity. The Supreme Court overturned Marshal Hołownia’s decision
– OUR NEWS. Hołownia loses at the Supreme Court. Maciej Wąsik remains a member of parliament and is protected by immunity
Unconstitutional composition of the Sejm?
Krzysztof Bosak warned that there is a real risk the Sejm could deliberate with an unconstitutional makeup.
What threatens the Speaker of the Sejm is a breach of the law, and what endangers the Sejm itself is the possibility of an invalid law being passed.
One of the Confederation leaders stressed that someone must say the laws could be invalid, describing the situation as a potential constitutional flaw.
From Bosak’s view, the argument stands that if the Constitution requires the Sejm to consist of 460 deputies and the Marshal’s decision to terminate mandates is reversed by a Supreme Court resolution, then deliberations and votes should occur with a panel of 460 deputies. Any opinion about the court’s stance or its content is viewed as just an opinion by him.
— Bosak noted.
Challenges to understanding the rule of law
Krzysztof Bosak argued that there is a major problem in how the rule of law is understood today.
He said some people confuse their legal or political views with the rule of law. The deputy sees the rule of law as respecting decisions even if one disagrees with them. He suggested that those who claimed to defend the rule of law now show less regard for the Constitutional Court, portions of the Supreme Court, presidential powers, and constitutional provisions, while arguing that the rule of law is supported by institutions in Luxembourg, Strasbourg, and Brussels. He described this as not the rule of law but anarchy.
— Bosak emphasized.
The MP added that if he is removed from the position of deputy chairman of the Sejm and if some MPs are prevented from voting, he would reserve the right to regard that decision and the vote as invalid.
He warned that this kind of uncertainty could ignite disputes on any issue and create a risk for the Sejm and for the Speaker, Hołownia.
— the MP stated.
Bosak: The court does not heed the president’s pardon
The politician also highlighted a stalemate in the disciplinary liability of judges.
He described a tense dispute within the judiciary, with some judges resisting certain state institutions, reportedly with support from courts in Strasbourg, Luxembourg, and Brussels. At the same time, he pointed to an impasse in the disciplinary liability reforms that the government of PiS had attempted to push forward. He argued that while the president used the pardon power against certain parliamentarians, the courts might not recognize that authority and could proceed to convict regardless, potentially leaving some judges beyond accountability.
— emphasized Krzysztof Bosak.
ALSO CHECK:
— Wąsik and Kamiński’s careers face dramatic turns. The former deputy head of the Ministry of the Interior and Administration says this is just the beginning of an authoritarian state
— Critics voice contempt for the rule of law within the Tusk coalition. Despite the Supreme Court’s decision, a separate ruling affected the parliamentary maps of Wąsik and Kamiński
— Waldemar Buda comments that the marshal is not fully prepared and should not be the one to make final judgments
wkt/The Heart of the Matter
Source: wPolityce