The X platform featured entries by Michał Woś and Bartosz Lewandowski, representing Marcin Romanowski. Both item serious legal shortcomings in the procedure for waiving parliamentary immunity. The case concerns decisions taken by the National Prosecutor's Office, as well as resolutions of the ultimate Court of 27 September 2024 on the signature of the I KZP 3/24 – in his light prosecutors Adam Bodnar were appointed unlawfully.
Barrister Bartosz Lewandowski, representing Mr Marcin Romanowski, emphasises that if the information about the request to waive immunity by the Parliamentary Assembly of the Council of Europe (ZPRE) is confirmed, this proposal is legally ineffective. It draws attention to a number of key elements of this case:
- Unauthorised signature.
The request for immunity was signed by Dariusz Korneluk or a individual authorised by him. According to the ultimate Court resolution of 27 September 2024, Korneluk is not the National Prosecutor, which means that he did not have the power to sign specified a request. As a result, the full procedure is invalid. - Ineffectiveness of the EPPO’s activities.
The resolution of the Polish Parliament of 12 July 2024 on the repeal of the immunity of Mr Romanowski is not effective due to the fact that it was based on an application signed by an unauthorised person. Consequently, any action taken by the Public Prosecutor's Office against Mr Romanowski, including the message of charges on 15 July 2024, is invalid and must be remitted.
Read more: Bartosz Lewandowski defends a police officer from the border
- Violation of procedures.
Lewandowski emphasises that the proceedings against Mr Romanowski should be dismissed under Article 17, paragraph 1, point 10, due to the fact that there have been serious procedural deficiencies.
!! If information on the request to waive immunity @MarcinRoma19996 The Parliamentary Assembly of the Council of Europe will confirm this:
(a) if the application has been signed @d_korneluk or a individual authorized by him, he has no legal effect because... https://t.co/GbPkXSVg2r
Michał Woś: ‘The waiver of immunity is void’
Mr Woś besides spoke on the matter, making a message stating that the effort to waive his parliamentary immunity by the alleged "Bodnarists" was ineffective. Woś emphasizes:
- Irregularities in the waiver of immunity.
According to Michał Wosi, the motion to waive his immunity was filed by Dariusz Korneluk, who, according to the ultimate Court resolution, is not the National Prosecutor. The Act clearly states that specified a request should be made by the National Prosecutor through the lawyer General, which in this case did not occur. - Call to the Marshal of the Sejm.
Michał Woś called on the Marshal of the Sejm, Simon Holowna, to take action on the irregularities that accompanied the procedure for waiving his immunity. Woś expects the Marshal of the Sejm to take steps to correct procedural errors. - Invalidity of the message of objections.
Mr Woś stated that the message of charges and the application of preventive measures specified as police supervision and the prohibition of contact with certain persons were ineffective. This is due to errors in the process of waiving his immunity.
!! crucial statement!!!
The Bodnarists have not effectively lifted my immunity.
I make an urgent request to the Marshal of the Sejm. Organisation to carry out his duties and to undertake the legal acts related to my parliamentary immunity.
In...
Consequences for the case and illegal prosecutors
The issue of repealing the parliamentary immunity of Michał Woś and Marcin Romanowski takes on a fresh dimension after the ultimate Court passed on 27 September 2024 on the signature of the I KZP 3/24. Both Woś and Lewandowski stress that procedural shortcomings will consequence in the annulment of the full process and actions taken on the basis of unauthorised applications. Therefore, any action of the prosecution against the 2 Members may be declared illegal.
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