Budget. Act in the Constitutional Tribunal. What will the president do? Andrzej Zybertowicz and other politicians comment


If the Constitutional Tribunal finds that the adoption of the budget act without Mariusz Kamiński and Maciej Wąsik was defective, there are two paths – said Andrzej Zybertowicz, presidential adviser, on TVN24. Politicians of the ruling coalition recalled the situation from 2016 and the voting in the column hall. – Members of the then opposition could not vote, could not submit a formal motion, it is not certain whether there was a quorum. And what did the president do then? He thought everything was fine, said Joanna Scheuring-Wielgus.

Mariusz Kamiński and Maciej Wąsikwho were legally convicted by the court in December 2023 and lost their parliamentary mandates, were released at the end of January 2024 – after spending less than two weeks in prison – after being pardoned by the president.

Andrzej Duda on Wednesday he decided that will sign the budget and budget-related act, but as part of the follow-up control, he sent them to the Constitutional Tribunal. He did it “due to doubts related to the correctness of the procedure for adopting the above-mentioned acts, i.e. the inability to participate in the work of the Sejm” by Kamiński and Wąsik. The announcement announced that “similar actions will be taken by the President of the Republic of Poland whenever Deputies are prevented from performing their mandate.”

Zybertowicz: in a situation of created chaos, there are always two paths

Presidential advisor Andrzej Zybertowicz said that “as long as the gentlemen are not able to use their mandate, the president will refer every act in a consequential or preventive manner to the Constitutional Tribunal.”

– If the Tribunal found that the Sejm can deliberate in this manner without two duly elected deputies, the president will be guided by substantive and legal standards when analyzing subsequent laws – he added.

When asked what would happen if the Tribunal found that the laws adopted without Kamiński and Wąsik were defective, he replied: – This solution is simple.

– In a situation of legal chaos, there are always two paths: either one of the parties resorts to violence and coercion, or we consensually perform something called a constitutional reset – he said. – All parties should take a step back, adopt a certain assumption regarding the constitutional order and proceed on the basis of this assumption – said Zybertowicz.

Lubnauer: we all know what the Constitutional Tribunal will rule

Katarzyna Lubnauer from the Civic Coalition said that “the position of the Tribunal is best demonstrated by the fact that we all know what it will rule.” – Every ruling he issues has a so-called public value – she said.

– It’s quite easy to remember 2016. I have the results of the vote on the 2017 budget. I don’t know whether Kamiński and Wąsik voted on this budget then, because no one knows who voted. 236 people took part in the vote because the rest were not allowed into the column hall and could not vote – the MP recalled. Then the president signed the budget bill.

Scheuring-Wielgus: the president has eight-year amnesia

Joanna Scheuring-Wielgus from the Left also recalled 2016. – First of all, opposition MPs could not vote. Secondly, they could not submit a formal application. It is not certain whether there was a quorum, she said.

– And what did the president do then? He thought everything was fine. What did Kaczyński say then? He said clearly that there was no problem, there was a quorum and therefore the budget was valid because there was a quorum.

In her opinion, President Duda has “eight-year amnesia.” – And now he has suddenly come to the conclusion that because of two criminals, Kamiński and Wąsik, he will block the functioning of the government (…), let’s be honest – he is not acting in the interest of the state in any way. It only works in the interest of changing reality through PIS – she emphasized.

Horała about the “rogue law of the majority”

Marcin Horała from PiS, speaking about the status of Kamiński and Wąsik, said that Art. 139 of the constitution, regarding pardon, “is clear.”

– If anyone had any doubts, the body authorized to interpret the constitution, i.e Constitutional Court. I would like to remind you that the judgments of the Constitutional Tribunal are final and universally binding, he emphasized.

He accused those in power of “breaking the law and intensifying chaos in Poland.” – If the ruling majority wants to continue breaking the law, we do not have the physical means to stop it at the moment. This is such a rogue law of the majority – added Horała.

Sawicki to Horała: you took advantage of the robber law of the majority

Marek Sawicki z PSL referred to Horała’s words. – You have been ruthlessly using the robber right of the majority for eight years and you have had no regard for the constitution, laws or tribunal rulings. It was irrelevant to you, he said.

– The most important assessment of the legal system in Poland was expressed by two outstanding Law and Justice politicians. Jaroslaw Kaczynskilast summer, when he said that the Polish justice system by Zbigniew Ziobro, Solidarna Polska and the parliamentary majority was devastated. The Prime Minister also repeated this Mateusz Morawiecki – said Sawicki.

He appealed to the government. – Since the Polish justice system has been demolished, today I also want to appeal to my parliamentary majority. It’s high time for Professor Bodnar, the Minister of Justice, Prime Minister Tusk, and the parliamentary majority to submit a package of laws reforming the justice system, he said.

Wipler: the legislative authority does not say what the tribunal should rule

Przemysław Wipler from Konfederacja pointed out that the Tribunal “may, for example, rule that these gentlemen are MPs, but if the majority (in voting – ed.) is more than two votes, then any violation has no substantive effect.” – This situation does not affect the validity of the (budget – ed.) Act – he explained.

He said that he himself “believes in autonomy and the separation of powers.” – The legislative power does not say what the Tribunal should rule. – he assessed. He admitted that Constitutional Tribunal judges are not independent from politicians. – But the Tribunal has been shaped in such a way that politicians choose its composition, so how is it supposed to be independent from politicians – he noted.

Main photo source: TVN24

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