Duda referred another bill to the illegal Court of Kuchenny Przyłębska

Andrzej Duda addressed the illegal Constitutional Court with the amendment of the Act on the National Oncological Network – stated the President's Chancellery on Friday. This is another bill sent to the Constitutional Tribunal due to the absence in the Sejm of Mariusz Kamiński and Maciej Wąsik, whose Duda, despite the act of grace and the suppression of the conviction concerning the final judgment, inactive considers as Members.

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"The president of the Republic of Poland, Andrzej Duda addressed the Constitutional Court, in a follow-up review procedure, with a request to examine the compliance with the Constitution of the Act of 22 February 2024 on the amendment of the Act on the National Oncological Network", said the President's Chancellery on Friday.

The amendment postpones the date of implementation of the National Oncological Network by 1 April 2025. The amendment itself entered into force on 31 March after president Duda signed, which happened on 18 March.

On the President's Chancellery website, a request was made to the Court. The paper shows that the president signed it on Friday and that the same day it arrived at TK. In the proposal, the president refers to the doubts that "outcome from the activities of the Marshal of the Sejm, which are connected with the declaration of the expiry of the mandates of Mr Kamiński and Mr Wąsik".

This is another bill in fresh weeks addressed by the president to the TK in follow-up control. erstwhile proposals concerned, among others, provisions on higher education and science, amendments to the Act on the National Centre for investigation and improvement and amendments to the Act on the assistance of Ukrainian citizens in connection with the war.

The first proposals, at the end of January, concerned, among others, the Budget Act for 2024 and the Budget Act. "In view of the doubts surrounding the correctness of the procedure for passing the above-mentioned laws, i.e. the absence of the anticipation for Members of the Sejm to participate in the work of these laws by Mr Kamiński and Mr Maciej Wąsik, the president decided to mention the above-mentioned laws to the Constitutional Court in order to examine their compliance with the Constitution", the president of the Office then forwarded. It was announced that akin actions would be taken by the president whenever Members were prevented from exercising their mandate from the general election.

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We're depriving ourselves of the spoil of the land.

We would like to remind you that both criminals lost their parliamentary seats on 20 December 2023 as a consequence of the final judgement of SO in Warsaw. The suppression of the conviction has been in force since 23.01.2024. This makes Kamiński and Wąsik not MPs.

In view of the above, it should be concluded with certainty thattheir parliamentary credentials expired by law pursuant to Article 247(1)(2) of the Electoral Code in conjunction with Article 99(3) of the Constitution of the Republic of Poland and Article 11(2)(1) of the Electoral Code.

Among another things, our position is confirmed by a specialist in constitutional law, Dr hab. Krzysztof Grażewski from the University of Gdańsk, who stated in his speech to the Polish Press Agency that "Kamiński and Wąsik are not MPs", and "the law of grace does not change anything in this respect". – At the time of the final judgement they ceased to be Members. There is no legal anticipation for them to regain their mandate,” he stressed.

The Constitutionalist explained that "the pardon relates to the content of the judgement — above all, it is simply a pardon from penalties and criminal measures". – The failure of the mandate was not due to the fact that the court had made specified a decision, but due to the fact that the bill had specified an effect on that judgment," he noted.

Professor Andrzej Zoll, who served as president of the Constitutional Court and Ombudsman, presents a akin position.

– If we are to talk about law enforcement in Poland at all, they surely lost their seats on 20 December 2023, as he pointed out in “Facts After Facts” on TVN24.

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He explained that "and from the Constitution, and from the Electoral Code, it follows that a final conviction for imprisonment for a criminal offence prosecuted ex officio causes the failure of a mandate". This – he pointed out – cannot be covered by the pardon.

– This is simply the consequence of the judgement itself, this is not the punishment to be pardoned. Obtaining the conviction, the president besides pardoned them with the ailments of losing public rights. This is erased, but it only means that they can run for local elections now, whether they can run for European Parliament elections,” explains prof. Zoll.

We remind you that Kamiński and Wąsik, after leaving the prison, stated that they were inactive Members and intend to go to the Parliament for an ignition gathering on Thursday.

With respect to the present case, it should besides be stressed that Duda, contrary to the rules in force, has granted a pardon to criminals. In his speech he will invoke the condition of Kamiński's health. We remind you that Kamiński is allegedly suffering from diabetes, which has never been the reason for applying a break in punishment, let alone pardon. It should besides be pointed out that so far, the practice of the pardon process has never allowed the sentenced application to be taken into account in the event of the existence of the negative sent-over that existed in those cases. In addition, the predecessors of Duda, who made the final decision, refused to be pardoned erstwhile the court and prosecutor refused to comply with the motion. As you can see, Duda again showed that in his view they are equal and equal and his rule is the widespread violation of the Constitution.

This decision by Duda may have very serious consequences, as it shows that starting a rebellion through hunger is an effective means of release from the prison in 12 days. I hope it does not turn out to be an attitude to riots in criminal institutions.

Therefore, on this basis, we believe that Duda committed a repeated violation of the Constitution of Poland in terms of equality with the law, as Article 32 of the Basic Act says.

Since Duda is inactive learning only nobody knows his teachers, it is worth reminding him erstwhile he was inactive a subordinate politician in Kaczyński's fallen party.

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