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Lex Tusk. Senate committees to reject presidential amendment to the law that establishes a commission to investigate Russian influence

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The Senate committees voted in favor of rejecting the amendment to the act called “lex Tusk” proposed by the president, which provides for the establishment of a commission to investigate Russian influence.

On Thursday, the Legislative Committee and the Human Rights, Rule of Law and Petitions Committee dealt with the Act amending the Act on the State Commission for the Study of Russian Influences on the Internal Security of the Republic of Poland in 2007-2022 and certain other acts. They opted for its rejection.

As reported by the Senate Information Centre, the chairman of the Legislative Committee, Senator Krzysztof Kwiatkowski, explained that the presidential amendment does not improve the act in its entirety, because it does not correct all its unconstitutional provisions. Kwiatkowski will be the rapporteur of the bill at the Senate session.

During the meeting, Senator Stanisław Gawłowski submitted a request to request the President’s office to provide the opinion on the basis of which the President Andrzej Duda made the decision to sign the act on the commission, and then to take the legislative initiative to amend it.

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Joint meeting of the Senate Legislative Committee and the Human Rights, Rule of Law and Petitions CommitteePAP/Tomasz Gzell

The Legislative Office of the Senate, as we read in the communiqué, stated that “the amendment – in itself – does not raise objections of a technical and legislative nature”.

“Despite the changes introduced by it, the amended Act on the Commission will still be affected by numerous defects that devastate the legal order of the Republic of Poland. Therefore, it should be eliminated from the Polish legal order in its entirety. on the bill in the Sejm and on the Senate’s legislative initiative.

The amendment that “is supposed to make people blind”

Numerous legislative opinions were prepared for the act, which negatively assessed various aspects of the proposed legal solutions. Their authors were prof. Teresa Gardocka, SWPS University, prof. Marcin Matczak, University of Warsaw, prof. Ryszard Piotrowski, University of Warsaw, prof. Artur Nowak-Far, Warsaw School of Economics, Ombudsman Marcin Wiącek, Helsinki Foundation for Human Rights. Opinions were presented at the meeting by prof. Marek Chmaj, Chairman of the Team of Advisors for the Control of the Constitutionality of Law at the Marshal of the Senate of the 10th term, Dr. Hanna Machińska, in the years 2017-2022 deputy ombudsman, prof. Mirosław Wyrzykowski, Institute of Public Affairs.

“These opinions show that the amendment ‘is supposed to confuse people’, without changing the meaning of the act itself, and that it is a classic example of diverting attention. Not only was it inconsistent with the Constitution, but also with EU law (including the Charter Fundamental Rights and the European Convention on Human Rights).

READ MORE IN KONKRET24: Influence committee for everything

The Sejm adopted the amendment to the act proposed by the president on 16 June. The draft amendment was submitted to the Sejm on June 2, just a few days after the president signed the original law – created on the initiative of Law and Justice and called “lex Tusk” – on the establishment of a commission for examining Russian influence on the internal security of the Republic of Poland in 2007-2022 .

Main photo source: PAP/Tomasz Gzell

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