It would be good if we no longer fell into increasing legal dualism – said Anna Maria Żukowska (Left Wing) in “Fakty po Faktach”, commenting on the judgment of the unrecognized chamber of the Supreme Court repealing the decision regarding the expiry of Maciej Wąsik’s mandate. Deputy Speaker of the Senate Michał Kamiński (Trzecia Droga) said that this was “the last chapter, although not the last page, in the novel that was the destruction of the rule of law in the Republic of Poland.”
Unrecognized Chamber of Extraordinary Control and Public Affairs of the Supreme Court – as to which one? Court of Justice of the European Union previously stated that “it is not an independent and impartial court” – it overturned the decision of the Speaker of the Sejm regarding the expiry of the parliamentary mandate Maciej Wąsik. There is also an appeal in the Supreme Court against the decision regarding the mandate Mariusz Kamiński. Although politicians had the right to appeal against the decisions, lawyers emphasize that their mandates expired when the final judgment was announced. In December, both PiS politicians were legally sentenced to two years in prison in connection with the so-called land scandal.
MORE ON THIS TOPIC IN KONKRET24: Kamiński and Wąsik sentenced. When will they lose their seats? What about a pardon? We explain
Żukowska: it would be good if we did not fall into increasing legal dualism
The case was discussed in “Fakty po Faktach” on TVN24 by the deputy speaker of the Senate, Michał Kamiński (Trzecia Droga) and the head of the Left club, Anna Maria Żukowska (New Left).
Żukowska, referring to the judgment of the unrecognized chamber, emphasized that Wąsik’s mandate “expired at the moment when he was no longer able to hold this mandate, i.e. when he was legally convicted.”
– The decision of the Marshal of the Sejm only confirms the factual state of affairs that occurred regardless of the Marshal’s decision. This is the first thing. The second thing is that it would be good if we no longer fell into increasing legal dualism, she added.
She noted that the ruling on the mandate was issued by “a chamber that is not a court according to the case law of the CJEU.”
– So it will cause political disputes. Because this is actually a political situation, not a legal one. Because it does not directly concern the interpretation of specific provisions, but rather how Law and Justice and how we as a coalition approach the rule of law. This is why we recognize (…) the Chamber of Extraordinary Control as a court or, in accordance with the judgments of the CJEU, we recognize that it is not a court and therefore the decisions it makes are simply not judgments, said the Left MP.
Kamiński: the last chapter in the novel that was the destruction of the rule of law
According to Kamiński, “this is, after all, only the last chapter – let’s hope the last chapter, although not the last page of this chapter – in the novel that was the destruction of the rule of law in the Republic of Poland, carried out by the hands of the President of the Republic of Poland, the Prime Minister, the Prime Minister of the Republic of Poland, and also Mr. Minister of Justice of the Republic of Poland.
– This is what we have witnessed over the last eight years – he said.
According to the senator, “today the process of returning to normality is a difficult process, it is in some sense a painful process, but it is an inevitable process.” – We will carry it out consistently – he said.
Main photo source: TVN24