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“Lex Tusk”. A remedy instead of a punishment? Ombudsman Marcin Wiącek: there is a name for it in the science of law

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Such a law should not enter into force, said the spokesman for civil rights, Marcin Wiącek, in “Rozmowo Piaseckiego”. He referred to the law on the establishment of a commission for examining Russian influence, called lex Tusk. In his opinion, it is inconsistent with several constitutional provisions.

President Andrzej Duda On Monday, he signed an act on the establishment of a commission for examining Russian influence, i.e. the so-called Lex Tusk. He also announced that it would be referred to the Constitutional Tribunal.

The law is criticized by representatives of the opposition and lawyers. According to them, it is aimed at political opponents of the ruling party, especially at the leader of the Civic Platform Donald Tuskand violates the constitution.

READ: What threatens “lex Tusk”. 11 of the most serious allegations

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Ombudsman Marcin Wiącek, who was a guest of “Rozmowy Piaseckiego” on Wednesday, assessed that “such a law should not enter into force”. – I presented a legal opinion on the act with an unequivocal conclusion – on non-compliance with the constitution, several constitutional provisions – he said.

Wiącek was asked how his colleague, a doctor of law, could sign such a law.

– This is a law that is basically unambiguous for all lawyers in terms of assessing its constitutionality. The separation of powers, referred to in the constitution, consists in the fact that the organs of the state share their functions among themselves. An investigative commission is established in the constitution to conduct investigations and to establish the facts. There is a body through which parliament can investigate all sorts of such matters, he stressed. He added that “judicial bodies are appointed to administer justice.”

– And it does not change the fact that the measure we are talking about is called a remedy and not a punishment. This is a procedure that in the science of law is sometimes called etikettenschwindel, i.e. the introduction of a certain name, other than the name that is in the constitution or in a legal act, in order to avoid associations – he said.

– From the point of view of the legal effects that this remedy will cause, it is a punishment, a stigmatization of a person by a state authority – he added.

Wiącek: any person can be a party to these proceedings

The Commissioner for Human Rights emphasized that “it is obvious to every lawyer that a sanction or an ailment may be imposed for an unlawful act”. – Every person, when making a decision about his personal and professional life, should be able to assess whether his actions will meet with a negative reaction from the state, will be stigmatized on the basis of the regulations in force at the time when we make decisions about whether to act in some way – he pointed out.

– The introduction of a provision according to which an action that does not violate the law is stigmatized by the state, because this commission has been equipped to impose such measures, which is unacceptable in a democratic state ruled by law – he assessed.

Wiącek said that “any person can be a party to these proceedings, there are basically no subjective restrictions.”

Main photo source: TVN24

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