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Actions of the Constitutional Tribunal, the president’s decision on the budget law. Dariusz Mazur and Michał Wójcik comment

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I am unable to understand the president’s decision, its legal justification does not exist for me – said Deputy Minister of Justice, Judge Dariusz Mazur, in “Kropka nad i” on TVN24, referring to the president’s decision to submit the budget act in the mode of post-control to the Constitutional Tribunal. However, the former deputy head of this ministry, Michał Wójcik from Sovereign Poland, said it was a “good move”. The program guests also talked about the actions of the Constitutional Tribunal regarding the decision of Minister Adam Bodnar.

the office of President announced that the president Duda signed the budget act for 2024as well as the budget-related act and the amendment to the act on higher education.

“Due to doubts related to the correctness of the procedure for adopting the above-mentioned acts, i.e. the inability of MPs Mariusz Kamiński and Maciej Wąsik to participate in the work of the Sejm on these acts, the President decided to refer the above-mentioned acts, in the mode of post-control, to the Constitutional Tribunal for examination. compliance with the Constitution,” the KPRP reported.

On December 20, 2023, the District Court in Warsaw sentenced Kamiński and Wąsik to two years of imprisonment for exceeding their powers in the so-called the land scandal of 2007. A day later, the Marshal of the Sejm issued decisions to expire the mandates of both PiS MPs.

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“I am unable to understand the president’s decision”

This case was discussed in “Kropka nad i” on TVN24 by Deputy Minister of Justice Dariusz Mazur and former deputy minister of justice Michał Wójcik, representative of Sovereign Poland (PiS club).

– I remember a situation when 200 opposition MPs were not allowed to vote on the budget a few years ago and the president was not bothered by it. Now we have the situation of two people who have clearly been convicted of final criminal sentences, their mandate has expired, and the president makes a different decision. Two versus 200, plus a completely different legal situation – Dariusz Mazur commented on the case. He referred in this way to the situation at the end of 2016, when the budget was adopted in the Hall of Columns.

Mazur: I cannot understand the president’s decisionTVN24

Read more: The budget was adopted in the Column Hall. Opposition: it’s illegal >>>

– I am unable to understand the president’s decision, its legal justification does not exist for me – he added.

Michał Wójcik assessed the president’s action as a “good move”. – The President used one of his instruments, which is provided for in Polish law. It is known that there will be increases (including in the budget – editor), everything that is in the act will function – he added.

He said that “there are doubts” in the case of Kamiński and Wąsik. – Here we have a situation in which someone is a parliamentarian and is prevented from taking his actions – he said.

Dariusz Mazur reacted to this. – The Constitution states that a person who has been legally convicted ceases to be an MP and here any other decisions are completely irrelevant. Because these gentlemen are not MPs and this cannot be reversed, so this is finding some artificial, completely apparent legal problem – he said.

Wójcik on the president's decision regarding the budget: it's a good move

Wójcik on the president’s decision regarding the budget: it’s a good moveTVN24

“The Constitutional Tribunal decided to act as a kind of anchor of the autocracy”

The program’s guests also commented that The Constitutional Tribunal issued an interim decision “suspending the validity of the decision of the Minister of Justice” Adam Bodnar regarding the suspension from his duties of the president of the Court of Appeal in Warsaw, Piotr Schab. At the same time, the Constitutional Tribunal also “forbidden” issuing a similar decision in the future against this judge on the basis of the same legal basis. The decision in this case was made individually by Bogdan Święczkowski, previously a national prosecutor and close collaborator Zbigniew Ziobro.

– Why should the Tribunal not issue a protective order? After all, such things have already happened in the past to refrain from various types of activities, that’s obvious – commented Wójcik.

Dariusz Mazur stated that “this is not a matter for the Constitutional Tribunal at all.” – No conditions have been met. You could say, in geological terms, it’s as if the Court had ruled that the Earth was flat and the Moon was cubic, he said.

– I think we are dealing with a whole group of decisions of the Constitutional Tribunal that are directionally inaccurate and groundless. It seems that the Constitutional Tribunal has decided to act as a kind of anchor of the autocracy in this country, added the deputy minister of justice.

Wójcik about the “attack on the National Prosecutor’s Office”

The current and former deputy ministers also talked about changes in the National Prosecutor’s Office.

Wójcik said that “this is a brazen attack.” – A man was named as the national prosecutor. I would like the minister to show me a specific legal basis, a specific provision on the basis of which (there is a person acting as a national prosecutor – ed.) – Wójcik turned to Mazur.

– The problem is that Mr. (Dariusz – ed.) Barski is retired. So much. Here we are not dealing with any prerogative or authority of the president to protect this person. Because you can protect someone who has certain rights and certain powers. If he is not there, there is nothing to protect, Mazur replied.

On January 12, the Ministry of Justice announced that the reinstatement of prosecutor Dariusz Barski to active service in 2022 was made without a legal basis. Therefore, as the ministry reported, he has been retired since January 12 and does not serve as a national prosecutor. The ministry announced that Jacek Bilewicz became the acting national prosecutor.

Main photo source: TVN24



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