Former Prime Minister and PiS MP Mateusz Morawiecki waived his immunity on Thursday – said Jarosław Urbaniak, head of the parliamentary regulations committee, in an interview with TVN24 reporter Agata Adamek. “I waived my immunity because I know that truth, law and justice will prevail,” Mateusz Morawiecki wrote on social media and attached a photo of the document sent to the Speaker of the Sejm.
Last Thursday to the Sejm The prosecutor's office has received a request to waive Mateusz Morawiecki's immunity in connection with the issue of envelope elections in 2020. The prosecutor's office accuses Morawiecki of exceeding his powers and failing to fulfill his duties as prime minister, which “led to pointless, ineffective and unjustified spending of public funds.”
The former prime minister then declared that he would “willingly” waive his immunity because he did not want to hide behind it. He argued that he acted in accordance with the constitution and “the truth will defend itself.”
On Thursday, the head of the parliamentary committee on regulations, parliamentary affairs and immunity, Jarosław Urbaniak (KO), announced in an interview with TVN24 journalist Agata Adamek that Morawiecki had waived his immunity.
The committee is scheduled to hold a meeting on Friday regarding the request to waive Morawiecki's immunity. The chairman was asked whether the committee would consider this application at Friday's meeting, which will start at 11, Urbaniak emphasized that “if lawyers manage to (analyze this letter – ed.) before 11 a.m., the commission may determine the formal correctness of the application.”
Morawiecki: I know that truth, law and justice will win
Mateusz Morawiecki posted an entry on social media and attached a photo of the document sent to the Speaker of the Sejm Szymon Hołowniain which he waived his immunity.
“I waived my immunity because I know that truth, law and justice will prevail,” wrote the former prime minister. “And the time of baseless, politically motivated accusations will end,” he added.
“In the face of completely baseless, politically motivated allegations presented by the illegally taken over prosecutor's office, headed by Donald Tusk's illegally appointed nominees, I declare that (…) I waive my immunity to the extent indicated below,” we read in the document attached by Morawiecki.
Mateusz Morawiecki noted that “in his public activity from the very beginning he has been guided by concern for the common good.” “All my decisions while serving as Prime Minister were dictated by the will to act in accordance with the Constitution of the Republic of Poland and in the interest of the Republic of Poland – including in particular the obligation to protect the life and health of citizens and to ensure that they can exercise their constitutional rights to democratically elect the President of the Republic of Poland,” he wrote. .
According to the content of the letter, the former prime minister intends to appear before the justice system “to expose the actions of people and parties forming the government coalition today, striving at all costs (in 2020 – ed.) to block the elections within the constitutional deadline – only to Rafał Trzaskowski could have been exposed to these.
The document ends with the words: “I trust that truth and justice will prevail, and a lawful state will be restored in Poland.”
Envelope elections
In spring 2020 – during the ongoing pandemic COVID-19 – the then head of government, Mateusz Morawiecki, instructed Poczta Polska to take the necessary actions to prepare and conduct the presidential elections, which, due to the spread of the coronavirus, were to be held on May 10, 2020 in correspondence mode only.
The Act on postal voting entered into force on May 9, 2020, while Morawiecki issued two decisions on April 16, 2020: to Poczta Polska – recommending actions aimed at organizing the presidential elections in the form of correspondence, and the National Security Printing Works – recommending the start of printing cards for voting and other documents necessary in the electoral process.
Ultimately, the elections were not held on May 10. That day National Electoral Commission stated in the issued resolution that “it was not possible to vote for candidates” and that this fact has equivalent effects to those provided for in Art. 293 of the Electoral Code, the inability to vote due to the lack of candidates. Ultimately, the elections took place on June 28, and voting took place at polling stations.
In September 2020, the Provincial Administrative Court in Warsaw ruled that Prime Minister Morawiecki's decision obliging Poczta Polska to prepare the presidential elections through postal voting grossly violated the law. According to the Provincial Administrative Court, Morawiecki's decision violated, among others: the constitution, the Electoral Code, the Act on the Council of Ministers and the Code of Administrative Procedure. The Provincial Administrative Court stated that the constitution and other laws do not grant the Prime Minister the powers to organize general elections. This judgment became final at the end of June 2024 after Supreme Administrative Court dismissed the cassation appeals against him.
Urbaniak: a total change in the approach to immunities
Jarosław Urbaniak commented on the decision of the former head of government in an interview with a TVN24 reporter. – It fits into what parliamentary sparrows have been saying for a long time, i.e. there is an absolutely complete change in the approach to immunities – said the head of the parliamentary regulations committee. He said that by waiving his immunity PiS MPs they avoid making public the applications submitted by the prosecutor's office at committee meetings.
– If someone renounces the former, then, as in this case, no one will find out because the application still remains secret – he explained. He also recalled the cases of waiving his immunity by other PiS MPs: Krzysztof Szczucki and Łukasz Mejza.
Urbaniak: a total change in the approach to immunitiesTVN24
Kuźmiuk: he made decisions that resulted from applicable law
Waldemar Andzel from Law and Justice said that the former head of government's waiver of immunity does not mean an admission of guilt and that it “shows high class.”
– He has nothing to hide, he made decisions that resulted from the law, constitution and acts in force in Poland. The elections had to be held, therefore – in such dramatic conditions – these decisions had to be bold and he implemented them – said another PiS MP, Zbigniew Kuźmiuk. He also added that Mateusz Morawiecki “counts on an independent court and independent judges to properly assess this situation.”
Kuźmiuk: he has nothing to hide, he made decisions that resulted from applicable lawTVN24
Zembaczyński: it is an obvious acceptance of the fact that there is nothing to defend
– This is an obvious acceptance of the fact that the allegations against the Prime Minister are so grave, so serious and so well justified that there is nothing to defend – said Witold Zembaczyński, MP of the Civic Coalition. He stated that this is a “decision that shortens the path to the indictment of the former prime minister, which will also speed up the criminal process.” – I consider it a good prognosis – he added.
Zembaczyński: it is an obvious acceptance of the fact that there is nothing to defendTVN24
Hoe: this is a clear declaration that he is pleading guilty
The spokesman for the Polish People's Party, Miłosz Motyka, commented that this is a “clear declaration that Prime Minister Morawiecki de facto pleads guilty.” – Regardless of the official level (…), one is liable for exceeding his or her powers and for issuing a decision without a legal basis. Mateusz Morawiecki knows this very well. We hope that he will cooperate with the prosecutor's office, he said.
Hoe: this is a clear declaration that he is pleading guiltyTVN24
Jaskulski: he knew he would lose his immunity anyway
In turn, KO MP Patryk Jaskulski explained the possible motives that could have been behind the decision of the former head of government. According to him, the PiS vice-president “knew that he would lose this immunity anyway, and the second issue” is “purely political.” – Morawiecki knows that Romanowski is a burden today and every PiS politician who hides behind his immunity during the election campaign is a burden today. Karol Nawrocki – he said.
Jaskulski: every PiS politician who will hide behind immunity will blame Karol Nawrocki
Main photo source: Tytus Żmijewski/PAP