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Mariusz Kamiński – mandate. Supreme Court ruling. Przemysław Rosati and Piotr Prusinowski comment

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Today’s ruling of the Supreme Court finally closes this situation and ends the discussion about which rulings are in circulation and which are not – said Przemysław Rosati, president of the Supreme Bar Council in “Tak jest”, referring to the decision of the Supreme Court’s Chamber of Labor and Social Insurance in the case Mariusz Kamiński. The President of the Supreme Court, head of the Chamber of Labor and Social Insurance, Piotr Prusinowski, said that the Chamber “at this moment has no grounds to rule” in the case of Maciej Wąsik.

Chamber of Labor and Social Insurance of the Supreme Court did not accept Mariusz Kamiński’s appeal on Wednesday from the decision of the Speaker of the Sejm to declare the mandate expired. At the same time, the Supreme Court judges issuing this ruling found that the Chamber of Extraordinary Control and Public Affairs, which had previously overturned the Marshal’s decision regarding the fines, “does not have the status of an independent and impartial court previously established under the law” and therefore “its statements are not acts of applying the law.” “.

Mariusz KamińskiPAP/Leszek Szymański

In the afternoon the decision of the Speaker of the Sejm of the Republic of Poland of December 21, 2023 regarding the expiry of the mandate of MP Mariusz Kamiński was published in Monitor Polski.

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LOOK: Resolution of the Speaker of the Sejm of the Republic of Poland regarding the expiry of the mandate of MP Mariusz Kamiński

The case was commented on in “Tak jest” by the president of the Supreme Bar Council, Przemysław Rosati, and the president of the Supreme Court in charge of the Chamber of Labor and Social Insurance, Dr. Hab. Piotr Prusinowski.

Rosati: Today’s ruling finally closes this situation

– Today’s ruling of the Supreme Court finally puts an end to this situation. The point is to call things by their name and talk about facts. This stops us from discussing which judgments function in trade and which ones do not, which ones produce effects and which ones do not. And there is no doubt that this is what causes today, Rosati said.

Referring to the decision of the Speaker of the Sejm published in Monitor Polski, the TVN24 guest said that “it will also be delivered to the chairman of the National Electoral Commission at the same time and this will trigger the procedure for filling the seat.”

– Due to the above, the marshal will soon be notified about the person who has the so-called right of priority to take up the mandate, which means that the procedure provided for in Article 251 of the Electoral Code will be initiated – Rosati noted.

Rosati: Today’s ruling finally closes this situationTVN24

As he explained, the Marshal of the Sejm addresses the person who obtained the next best result on a given electoral list. – This person has seven days to accept the mandate. If not, the procedure is repeated until the list is exhausted. I wouldn’t rule out such a situation, he said.

Rosati argued that “taking into account the attitude of the people concerned, because I think that this will also be the source of another conflict caused consciously or unconsciously, and perhaps intentionally by the people directly interested, we can take into account that at the end of this procedure the marshal will issue a decision that this particular mandate will remain vacant until the end of the term.

Prusinowski about the situation of Maciej Wąsik. “The Chamber of Labor, at this moment, has no grounds to make a ruling”

The President of the Supreme Court, head of the Chamber of Labor and Social Insurance, was asked what the situation of the second former MP – Maciej Wąsik. He admitted that “at this moment” the Chamber will not make a decision in his case.

– Because the courts follow a certain procedure. Such a request, the dismissal of Mr. Wąsik, was submitted to the Chamber of Labor. As is already widely known, it was transferred by Judge Dalewski to the Chamber of Extraordinary Control and resolved there. So he left the Chamber of Labor and at this moment the Chamber has no basis to rule because there is no impulse, in this case an appeal – he emphasized.

Prusinowski about the situation of Maciej Wąsik. "At this point, the Chamber of Labor has no grounds to make a ruling"

Prusinowski about the situation of Maciej Wąsik. “At this point, the Chamber of Labor has no grounds to make a ruling”TVN24

– So, of course, while recognizing what was confirmed in Mr. Kamiński’s case, that the Chamber of Extraordinary Control is not a court, today I have no grounds to appoint a panel to hear the case, especially since I had previously appointed such a panel which formally solved the matter, he added.

Prusinowski: The president, by issuing the power of pardon, justifies his position. The only exception is this case

Prusinowski, referring to the act of grace Andrzej Duda from 2015, after the non-final judgment, he pointed out that “the president, by issuing the power of pardon, justifies his position.” – There is one exception when he did not do this, i.e. he issued an act of mercy, but without justification. As far as I know, this is exactly the case, he said.

Prusinowski: By issuing the power of pardon, the President justifies his position.  The only exception is this case

Prusinowski: By issuing the power of pardon, the President justifies his position. The only exception is this case TVN24

– It is also a matter of informing the public why someone who has done something wrong should not be sentenced to imprisonment or some other punishment, so that the public also knows. Of course, the president does not have to justify it, he does not have to say why, but it ensures a flow of information between the society and the authorities, which also includes the president – added Prusinowski.

Main photo source: TVN24



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