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The case of Wąsik and Kamiński. Justifications for the decisions of the unrecognized chamber of the Supreme Court have been published

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Justifications for the decisions of the unrecognized Chamber of Extraordinary Control and Public Affairs in the Supreme Court in cases regarding the annulment of the decision of the Speaker of the Sejm to declare the expiry of the parliamentary mandates of Maciej Wąsik and Mariusz Kamiński were published on Friday on the website of the Supreme Court.

The case of Wąsik’s dismissal was heard in the Chamber of Extraordinary Control and Public Affairs on January 4 this year. composed of judges: Maria Szczepaniec as chairwoman and rapporteur, and Marek Dobrowolski and Aleksander Stępkowski. Kamiński’s case was heard in this chamber a day later by a panel of judges: Stępkowski as chairman and rapporteur, Dobrowolski and Paweł Wojciechowski.

Read more: The CJEU refuses to hear the question of the Chamber of Extraordinary Control and Public Affairs: the adjudicating panel is not an independent and impartial court

“The presidential act of clemency of 2015 towards, among others, Wąsik constitutes a direct application of a constitutional provision and as such is legally effective and final. The legal consequences in the form of the inability to hold criminally liable a person pardoned by the President of the Republic of Poland cannot be abolished by any resolution , nor any court judgment, not even the Supreme Court. It is not even necessary to mention that legal opinions or statements of the legal doctrine are of no importance in this respect. No one has the legal authority to verify and question the prerogative that is vested and constitutionally guaranteed only to the president,” it was written in the justification resolutions towards Wąsik.

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Similarly, in the justification for the decision of this chamber against Kamiński, it was noted that the president’s decision of November 16, 2015 regarding the right of pardon “did not concern the judgment of the court of first instance but the act the commission of which was the subject of criminal proceedings.” “This is clearly indicated by the formula of the operative part of the act of applying the law of grace, which speaks first of all about forgiveness. (…) It is impossible to forgive the sentence of the convict, because the convict could not have ‘committed this sentence’. Forgiveness and forgetting, therefore, which “the speech (…) concerns an act, regardless of the procedural stage of its criminal law assessment,” it was justified.

Therefore – as the justification states – “the effects of a final conviction did not occur in this case due to the final legal consequences caused by the decision of the President of the Republic of Poland to apply the law of pardon to an act the commission of which could involve criminal liability.”

The case of Kamiński and Wąsik

Ex-boss CBA and former Minister of Interior Mariusz Kamiński and his former deputy Maciej Wąsik they were convicted December 20 last year a final sentence of two years in prison in connection with the so-called land scandal. The case returned to the docket after several years in connection with the Supreme Court’s ruling of June 2023. Supreme Court in the Criminal Chamber, after appeals filed by subsidiary prosecutors, overturned the discontinuance of the case of the former heads of the CBA made in March 2016 by the District Court in Warsaw in connection with the pardon law applied by the president in 2015 and referred the case to the District Court for further review. diagnosis.

In connection with this December judgment of the District Court, the Speaker of the Sejm, Szymon Hołownia issued decisions on the declaration of expiry of their parliamentary mandates. Appeals by Wąsik and Kamiński against the decision to terminate their mandates as Speaker of the Sejm sent to the Chamber of Labor and Social Insurance Supreme Court.

Panels of judges and closed session dates have been appointed for both cases on January 10 this year. In the Wąsik case, the panel of judges of the Chamber of Labor was composed of judges adjudicating in the Supreme Court after 2018 (after changes were made in the scope of the judiciary by PIS), in the Kamiński case – is composed of judges adjudicating in this court before 2018.

In the case of Wąsik’s appeal in the Labor Chamber of the Supreme Court, the judge appointed to this case issued a decision to transfer the case to the Chamber of Extraordinary Control, which on January 4 issued a decision to repeal the decision of the Speaker of the Sejm about the expiry of the mandate of MP Wąsik.

Also on that day, the President of the Criminal Chamber of the Supreme Court, Judge Zbigniew Kapiński – replacing the absent First President of the Supreme Court – issued an order that the Chamber of Extraordinary Control and Public Affairs of the Supreme Court was competent to consider the appeal against the expiry of Kamiński’s mandate. The President of the Supreme Court’s Chamber of Labor, Judge Piotr Prusinowski, said that in his opinion “the Chamber of Extraordinary Control is not a court” and he does not intend to transfer any files to this Chamber.

Read also: War over files in the Supreme Court. President of the Chamber of Labor: so what, should I go now and take them to the chairwoman of the panel?

Prusinowski on President Kapiński’s order: it is completely illegalTVN24

Chamber of Extraordinary Control January 5 stated that the decision of the Speaker of the Sejm was repealed regarding the expiry of Kamiński’s parliamentary mandate. Regardless of the fact that the Speaker of the Sejm forwarded both appeals to the Chamber of Labor, on December 29 last year to the Supreme Court directly Appeals from Kamiński and Wąsik were received submitted without the intermediation of the Speaker of the Sejm – they were directed to the Chamber of Extraordinary Control and Public Affairs of the Supreme Court.

Referring to the decision regarding Kamiński, President Prusinowski said that he did not have any information that would prevent the consideration of the case of Kamiński’s appeal against the expiration of his parliamentary mandate in the Chamber of Labor – as originally scheduled – on January 10.

On this day, the Chamber of Labor and Social Insurance did not accept the appeal Mariusz Kamiński from the decision of the Speaker of the Sejm Szymon Hołownia on the declaration of expiry of the parliamentary mandate. At the same time, the ruling of the Chamber of Labor indicated that the earlier decision in the same case by the Extraordinary Control Chamber of the Supreme Court – repealing the decisions of the Speaker of the Sejm on the expiry of Kamiński’s mandate – is not a ruling of the Supreme Court. On Friday, the written justification for this decision of the Chamber of Labor was not yet published on the Supreme Court’s website.

January 9 this year the police detained Kamiński and Wąsik, who were staying in the Presidential Palace at that time. They were placed in penitentiary units.

Main photo source: Zbyszek Kaczmarek/Forum



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