According to constitutionalists, the Marshal of the Sejm should deactivate the cards as soon as he issues a decision on the expiry of parliamentary mandates. And only the ruling of a properly appointed court may result in the need to activate it again – said Judge Bartłomiej Przymusiński from the Association of Polish Judges “Iustitia” in a special program on TVN24. He was commenting on the situation related to the expiry of the parliamentary mandates of Mariusz Kamiński and Maciej Wąsik after the judgments of the unrecognized chamber of the Supreme Court in this case.
READ MORE – IN POINTS: “We have a lawless community.” The case of Kamiński and Wąsik step by step
The Head of the Chancellery of the Sejm issued an order to deactivate the cards of Maciej Wąsik and Mariusz Kamiński as a kind of security for the rule of law – said Stanisław Zazdrowiemski, director general in charge of the Office of the Speaker of the Sejm, in “Tak jest” on TVN24. He added that the “final decisions” regarding the participation of politicians in the next session of the Sejm “will be made and announced” by the Marshal before these sessions.
Kamiński and Wąsik were sentenced to prison by a final judgment. Therefore, the Speaker of the Sejm Szymon Hołownia issued decisions confirming the expiry of their parliamentary mandates. They appealed to the Supreme Court, where the Chamber of Extraordinary Control and Public Affairs overturned the Marshal’s decisions. However, this Chamber is not recognized as a court under European law, a Court of Justice of the European Union stated that it is not an “independent and impartial court”.
Meanwhile, on January 10, the Chamber of Labor and Social Insurance will also hear politicians’ appeals against the Marshal’s decisions.
Przymusiński: the marshal’s decision takes effect from the moment it is made
The case was commented on in a special program on TVN24 by judge Bartłomiej Przymusiński from the Association of Polish Judges “Iustitia”. He was asked whether, in this situation, Marshal Hołownia should wait with deactivating politicians’ cards until the decision of the Chamber of Labor and Social Insurance.
– The opinions of constitutionalists are that the Marshal’s decision takes effect from the moment it is taken. He declares that the mandate has expired. So he should deactivate the cards as soon as he made his decision. And only the ruling of a properly appointed court may result in the need to reactivate the cards – said Przymusiński.
He also referred to the general chaos in the case involving Kamiński and Wąsik. – What we have been treated to over the last eight years is to undermine the foundations of trust in the justice system. Because what we have today is a situation as if an alternative state mint had been created, issuing banknotes pretending to be Polish zlotys. Because this is how all judgments issued by neo-judges in the Supreme Court should be assessed, he said.
– These are not judgments and I would expect politicians of all parties, but in particular, of course, the Speaker of the Sejm, the Prime Minister, the Minister of Justice, to draw conclusions from what the European tribunals have said, that the judgments issued by neo-judges violate human rights and therefore they cannot be treated as court decisions. Because the tribunals said – a neo-court is not a court – he added.
Main photo source: PAP/Tomasz Gzell