A dozen or so lawyers from the Team of Legal Experts of the Foundation. Stefan Batory took a position on the expiry of the mandates of Mariusz Kamiński and Maciej Wąsik. They stated that “from a legal point of view, the case does not raise any doubts.” “They cannot be allowed to perform activities reserved for MPs, such as participating in votes or the work of parliamentary committees,” they wrote.
The team’s position was signed by: dr hab. Piotr BogdanowiczDr Łukasz Bojarski, Jacek CzajaPh.D. Monika Florczak-WątorPh.D. Agnieszka Frąckowiak-Adamska, Jarosław GwizdakPh.D. Wojciech JasińskiDr Piotr Kładocznyattorney Magda Krzyżanowska-Mierzewska, prof. Ph.D. Marcin MatczakPh.D. Sławomir PatyraPh.D. Tomasz PietrzykowskiPh.D. Anna RakowskaPh.D. Anna Śledzińska-Simon, Ph.D. Adv. Maciej TaborowskiDr Tomasz Zalasiński.
They wrote that they “observe the growing information chaos surrounding the matter of the expiry of the parliamentary mandates of Messrs. Mariusz Kamiński and Maciej Wąsik”, and – as they added – “from a legal perspective, the matter does not raise any doubts”.
Lawyers: Kamiński and Wąsik are deprived of their mandate and cannot participate in the meeting
“The parliamentary mandates of both people expired on December 20, 2023, when they were legally sentenced to imprisonment by the District Court in Warsaw,” they said.
The lawyers added that “as deprived of their mandate, (Kamiński and Wąsik) cannot be allowed to perform activities reserved for MPs, such as participating in votes or the work of parliamentary committees, and they cannot undertake any activities falling within the scope of exercising their parliamentary mandate.”
The confirmation of the expiry of the mandates is – we read – the decision of the Speaker of the Sejm. “The Marshal’s decision does not ‘extinguish’ the mandates. It is only a formal notification that such expiration took place by operation of law,” the authors noted.
They explained that “the Supreme Court only controls the correctness of issuing the decision of the Speaker of the Sejm and its formal correctness.” “In the procedure initiated by appeals, the Supreme Court cannot rule that the parliamentary mandates have not expired, because in this way it would question the effects of the final conviction issued on December 20, 2023 by the District Court in Warsaw, which the Supreme Court is not authorized to do in this procedure” – they emphasized.
“The appeal should be considered by a court established by law”
Lawyers also reminded that European Court of Human Rights and the Court of Justice of the European Union “have held several times that the Chamber of Extraordinary Control and Public Affairs of the Supreme Court is not an independent and impartial court” established by law.
“We would like to emphasize that the Chamber of Extraordinary Control and Public Affairs is not competent in matters relating to the expiry of a deputy’s mandate. An appeal against the decision of the Speaker of the Sejm should be considered by a court established by law, which meets the requirements of independence and impartiality, and which was competent to do so in accordance with the provisions in force before the introduction of the legislative change granting jurisdiction to the Chamber of Extraordinary Control and Public Affairs. In the Polish legal system, such a court is the Chamber of Labor and Social Insurance of the Supreme Court,” they said.
The case of Kamiński and Wąsik
Former head of the CBA and former Minister of Internal Affairs Mariusz Kamiński and his former deputy Maciej Wąsik They were sentenced on December 20, 2023, by a final verdict, to two years in prison in connection with their actions during the so-called land scandal. Marshal of the Sejm Szymon Hołownia issued decisions regarding the expiry of the parliamentary mandates of Kamiński and Wąsik.
Last week, on Wednesday, the Chamber of Labor and Social Insurance of the Supreme Court received appeals from Maciej Wąsik and Mariusz Kamiński against the Marshal’s decision, forwarded by the Speaker of the Sejm, Szymon Hołownia. A day later, on Thursday morning, regarding Wąsik’s dismissal, the Labor Chamber of the Supreme Court made a decision to transfer the case to the Chamber of Extraordinary Control and Public Affairs of the Supreme Court. Then – in the early afternoon of the same day – it was reported that the Extraordinary Control Chamber of the Supreme Court had repealed the decision of the Speaker of the Sejm to terminate the mandate of MP Maciej Wąsik. On Friday, it was reported that the same chamber had repealed the decision of the Speaker of the Sejm regarding the expiry of the mandate of MP Mariusz Kamiński.
President Andrzej Duda in a letter to the Speaker of the Sejm, he previously indicated that as a result of the application of the law of pardon in 2015 to Kamiński and Wąsik, who were then illegally convicted by the court of first instance, there were no grounds for expiring their mandates.
Main photo source: Piotr Nowak/PAP