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EU commissioner. Mode of selecting the Polish candidate. “These traps were set for the government absolutely consciously and deliberately.”

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We are still left with the remnants of a reality in which someone, apart from the constitutional provisions, creates a second, parallel reality and says “you have a problem” – said Maciej Berek, chairman of the Standing Committee of the Council of Ministers, in “One on One” on TVN24. – It is hard not to notice that these traps were set for the government absolutely consciously and deliberately. This is why we should stumble over such things, he said.

A new axis of conflict is emerging between the presidential palace and the prime minister's office. This is about foreign policy and the election of an EU commissioner who will replace Janusz Wojciechowski. Shortly before the elections, PiS passed regulations according to which the president consents or refuses to appoint a commissioner.

Berek: this is a change introduced as part of the confrontation

Maciej Berek, chairman of the Standing Committee of the Council of Ministers, was asked in “One on One” whether it is possible that the government will send a Polish candidacy to Brussels without asking for the president's opinion.

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– The problem is that, at the end of the term, regulations were forcefully adopted that introduce a procedure for selecting candidates for EU positions that is inconsistent with the rules in force in the European Union, applied by all subsequent governments, Berek said.

He added that “the appointment of a commissioner has always been an unquestionable right of the government.” – It is impossible not to notice that this change, which requires obtaining the president's consent, is a change introduced into the Polish law as part of the confrontation – he said.

– The powers related to creating, sending and delegating representatives of a given country to European Union bodies are, from the point of view of EU law, governmental, not presidential powers – explained Berek.

“This act gave the president a power that has no constitutional basis”

At the same time, the question concerns participation in EU summits. Berek talks in “One on One” about the Constitutional Tribunal's ruling from 2009. – In 2009, the Constitutional Tribunal said exactly this: in matters of foreign policy, yes, the president is the highest representative, so if he wants to be somewhere, he can always be there, because he is the most important, but the content of views, the articulation of what is the view of the Republic of Poland, shapes government. Because it is the government that conducts foreign policy, in accordance with the Constitution of the Republic of Poland, and the president in the areas of foreign policy has only those powers that the constitution has precisely assigned to him – explained Berek.

– What this act did (regarding the procedure for appointing a commissioner – ed.) was to give the president a power that has no constitutional basis. And we are once again in such a situation of what to do with the regulations that have been passed – said Berek.

The minister stated that “the Constitutional Tribunal is currently making moves in its creative approach to shaping reality, to which a lawyer has no reasonable answer.” – In a moment, the Constitutional Tribunal will issue a security decision that the government cannot, for example, work because someone challenges the regulations on the basis of which the government's deliberations are conducted – said Berek.

As he said, “we are still left with the remnants of a reality in which someone, apart from the constitutional provisions, creates a second, parallel reality and says 'you have a problem'.” – In fact, one would have to say that the problem lies with those who try to create a reality parallel to the constitution – he said.

– If Mr. President wants to carry out a procedure that was already carried out in 2008-2009, with the Tribunal's decision, as a lawyer, it is his right to test it once again. The only question is what comes from it, what we achieve and what we gain, said the minister.

He emphasized that “these are things that have already been decided and it is hard not to notice that these traps were set absolutely consciously and deliberately.” – Just so we can trip over things like this. We will try not to trip over them and we will do everything to perform our tasks as best as we can, he added.

Main photo source: TVN24



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