The different situation of Kamiński and Wąsik

‘The substance is neither simple nor clear to me. According to my explanation and my knowing of Article 99(3) of the Constitution and Article 250 of the Electoral Code of the parliamentary mandate, so far he has not lost Maciej Wąsik. Mariusz Kamiński for me is without a parliamentary mandate“ – we read in an interview with “Rzeczpospolita”.

Kozielewicz's argument

Let us draw attention to the arguments utilized by the erstwhile head of PKW to justify his amazing opinion to many:

‘According to Article 99(3) of the Constitution, a associate cannot be sentenced by a final conviction to imprisonment for an intentional offence prosecuted from public prosecution, and the expiry of the word of office shall be determined by the order of the talker of the Sejm to terminate the word of office. This provision must be published in the Polish Monitor. And it is only this publication that causes the associate to lose his mandate. The fact of conviction for a crime, even intentionally, requires that the Member's mandate and its termination be determined by a final order of the Marshal of the Sejm. I stress, by the final decision of the talker of the Sejm, and we have no such“ Kozielewicz says.

An example to illustrate what is going on

The erstwhile Head of the PCW points out that, in his view, the procedure for extinguishing parliamentary seats must be completed and, in the current situation, there are doubts about this:

‘We see a individual who dies in front of us from an accident. However, until there is an appropriate paper from the office of civilian status, stating death, or the order of the court to declare death, that individual inactive exists legally. The fact that a individual is not present is due to formalities in the USC – confirmation of the situation, which is apparent but must be acknowledged. For 1 Member, we already have a legally confirmed situation that he has lost his mandate. And with respect to the second proceedings, the order of the talker of the Sejm did not end.“The erstwhile head of PKW argues.