The next Wednesday, the illegal Constitutional Court (TK) will address the controversial amendment of the Act “on assisting Ukrainian citizens in connection with the armed conflict in the territory of that State”. This amendment, adopted on 9 February 2024, extended the application of unwarranted social privileges for Ukrainians residing in Poland. We remind you that Duda has sent an illegal bill to the Court in succession.
Background — Presidential intervention
President Andrzej Duda signed the aforementioned amendment of the Act, which extended the legality of Ukrainian “refugees” until the end of June 2024. However, due to doubts about the constitutional compatibility of the Act, the president referred it to the illegal Constitutional Court.
As the sources from the Presidential Palace emphasize, this decision stems from the situation around PiS politicians, Mariusz Kamiński and Maciej Wąsik, who were convicted of exceeding their rights in the alleged 2007 land scandal.
Budgetary law and procedural doubts
Additional doubts about the constitutionality of the laws arose erstwhile president Duda signed the budget bill for 2024 and the budget bill and a fresh of the law on higher education. However, the Presidential Palace pointed out that the deficiency of anticipation of participation of Mariusz Kamiński and Maciej Wąsik in the work of the Sejm on these laws raises serious doubts as to the correctness of the procedure of passing. As a result, the president decided to mention these laws to the Constitutional Court.
Reactions and perspectives
The amendment of the law on assistance to citizens of Ukraine, along with taxation laws, was already adopted by the Sejm, which extended the validity of the terms of legal stay in Poland for Ukrainian “refugees”. However, it is the Constitutional Court controlled by the Law and Justice that is to find whether the amendment is in accordance with the Constitution. He recalls that the TK has already considered another bill sent by the president to be unconstitutional – the National Centre for investigation and improvement Act.
A akin conviction may be passed on the law on assistance to citizens of Ukraine, especially since it was examined by an almost identical ruling, in which were Members of the Law and Justice, like Krystyna Pawłowicz and Stanisław Piotrowicz, as well as the national prosecutor from the times of the Law and Justice, Bogdan Święczkowski. The aforementioned persons were appointed to the Constitutional Tribunal in violation of Article 178(3) of the Constitution of the Republic of Poland. The full is presided over by president Julia Przyłębska, despite the end of his word in December 2022.
Possible consequences
The Ministry of the Interior and Administration pointed out that the Constitutional Court ruling stating the unconstitutionality of the Act could make legal chaos which will affect all aspect of the life of “refugees” from Ukraine in Poland. specified a judgement would mean not only the withdrawal of the powers granted but could besides undermine the position of Ukrainian "refugees" and the papers they use. The Ministry warns that ‘the legal basis for the position of ‘refugees’ would fall between 4 March and 30 June 2024’.
Conclusion
We remind you that, no substance what decision the illegal TK will take, unfortunately, it will not change anything at all in terms of substitution of Ukrainians to unwarranted social benefits, since no judgments have been published since April this year. The deficiency of publication of the judgments of the Constitutional Tribunal causes that they do not enter into legal trade and thus cannot be declared void of the anti-Polish law.
Daniel Głogowski
Expert in his field – Publicist, author and social activist. The first articles were published in 1999 for global publishers. For more than 30 years, he has gained his experience through cooperation with the largest editorial offices. In his articles, he seeks to address controversial topics and present first viewpoints that allowed for a deeper knowing of the issues discussed.
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The illegal TK will deal with the law of unwarranted privileges for “refugees” from Ukraine
