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The state of emergency in Podlasie and the constitution. Wojciech Hermeliński, retired judge of the Constitutional Tribunal, comments

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The government wants to introduce a state of emergency in 183 localities near the border with Belarus. Wojciech Hermeliński, a retired judge of the Constitutional Tribunal, spoke on TVN24 about the constitutional premises that allow for the introduction of such a state.

On Tuesday, the Council of Ministers addressed the president, Fr. introduction of a state of emergency in the area of ​​part of the Podlaskie and Lubelskie voivodships. It is to be in force for 30 days in the border zone and cover 115 towns in Podlasie and 68 in the Lublin region.

Pursuant to the regulations, the president “immediately” examines the government’s application for the introduction of a state of emergency and issues – if he deems it necessary – a regulation on the introduction of a state of emergency. The regulation may be repealed by the Sejm.

State of emergency at the border, government request. Wojciech Hermeliński comments

Wojciech Hermeliński, a retired judge of the Constitutional Tribunal, spoke about the possible introduction of a state of emergency on Wednesday in “Rozmowa Piaseckiego” on TVN24.

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He said that “he tries to compare what Minister Mariusz Kamiński said yesterday with the constitutional premises”. He recalled that, according to the constitution, a state of emergency may be introduced if there is a threat that “cannot be eliminated by ordinary constitutional measures.”

– Neither in the minister’s statement nor in the draft resolution is there any mention that the measures taken so far have failed. (…) No justification was presented – stated Hermeliński.

He stressed that “it is a question of proportionality”. – You cannot start with the strictest measures. You have to start with the gentlest, the least interfering with civil rights.

– For me it is obvious that it is about introducing a barrier for journalists, the public and information about what is happening at the border – he assessed.

The case of the supremacy of EU law before the Constitutional Tribunal. Wojciech Hermeliński on judges Piotrowicz and Pawłowicz

Hermeliński also spoke about the case the superiority of EU law over national lawwhich the Constitutional Tribunal deals with at the request of the Prime Minister. On Tuesday, the meeting on this matter was postponed once again. It is to be continued on September 22nd.

– I do not want to deliberate here and say that the reasons are political, but many people see it that way. If, as they say, the Constitutional Tribunal is dependent on the executive, it may be meeting its expectations. Perhaps it is a kind of a war with the European Union – he said.

He judged that the motions to exclude judges Stanisław Piotrowicz and Krystyna Pawłowicz, former PiS MPs, from this case were right. – Because of what Judge Pawłowicz tells about the European Union. MP Piotrowicz – the same situation, the same melody, a clear aversion to the European Union – said.

In his opinion, “these people cannot be included in the composition, because they can be involved in some decision and have clearly expressed their views beforehand”.

Main photo source: TVN24



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