On Tuesday, the Sejm Information Center presented a list of five legal opinions, which were read by Marshal Elżbieta Witek on August 11, considering the deputies’ motion to reassess one of the votes. All these opinions are from 2018. For TVN24, the Marshal of the Sejm commented on the behavior of the author of one of them, Dr. Sławomir Patyra, constitutionalist. As he said, “it is absolutely inappropriate to refer to an opinion from three years ago in order to make a decision in a new factual situation.” He added that “it was used as an alibi for actions that he would never subscribe to.”
Last Wednesday, during the session of the Sejm, which adopted, inter alia, the anti-TVN law, there was controversial reassumption voting on a motion to adjourn the meeting. First, the Sejm accepted this motion, but after the break extended several times, the Marshal of the Sejm, Elżbieta Witek, ordered a reassumption of the vote, which was supported by 229 deputies, with one vote against and one abstention. In another vote, the Sejm rejected the motion to adjourn the session.
Marshal Witek, explaining then her decision on the reassumption, said that she “consulted five lawyers” on the subject. On Monday, the Sejm Information Center published these opinions. All five are from April 2018.
Reassumption of the vote. What should it look like? EXPLAINS CONKRET24
Patyra on the behavior of the Marshal of the Sejm: far-reaching abuse
For TVN24, the Marshal of the Sejm commented on Dr. hab. Sławomir Patyra, constitutionalist and author of one of the legal opinions from 2018 to which Elżbieta Witek referred. – Referring to the opinion from three years ago in order to make a decision in the new factual and legal situation, is absolutely inappropriate. In my opinion, this is a far-reaching abuse, he said.
He added that “the Speaker of the Sejm deliberately misled not only the deputies participating in the session, but also all the spectators and listeners of the session”. – It is a very unpleasant experience for me, also as a citizen – he pointed out.
– I feel like someone whose name and authority (…) has been used as an alibi for actions that I would never have signed up to, so in this sense I feel used – he added.
Marshal Witek August 11: I consulted five lawyers
On August 11, Marshal Elżbieta Witek said in the Sejm: – I consulted five lawyers who confirmed that this motion could be voted on at this meeting, because it is ongoing, there was no announcement [przerwy – przyp. red.].
– I also asked for a printout of the transcript to know for sure. I wanted to prepare for it really responsibly. I consulted five lawyers – that’s why there was a pause – and picked up the transcript. Ladies and gentlemen, the fault is clearly mine. It was I who misled the Members by speaking to you [Władysława – przyp. red.] Kosiniak-Kamysz, that I will decide by when to adjourn the meeting. I said it would be September 15th. Due to the fact that the application spoke of September 2, and I said that I would decide – it is in the transcript and you can read it – I decided, after consulting the Seniors’ Convention … According to the regulations, the decision belongs to the Speaker of the Sejm. After analyzing all the premises, after consulting – which I am not obliged to do – the opinion of five lawyers … Of course it is. Therefore, there will be a reassumption – explained then Marshal Witek.