Pato-Trybunał Przyłębska: Acts passed without 2 PiS criminals are unconstitutional

The Constitutional Tribunal in a defective composition ruled that the bill passed by the Sejm without the participation of pardoned criminals Mariusz Kamiński and Maciej Wąsik is incompatible with the constitution. The application to examine the conformity of the Act with the Constitution was addressed by president Andrzej Duda, even though the Act was already signed.

We remind you that The legal basis for the failure of literate mandates by both Scriptical criminals was 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. The position of Pavlowicz and Piotrowicz (former members of the Law and Justices of the Constitutional Tribunal in violation of Article 178(3) of the Constitution of the Republic of Poland) clearly indicates that they have major legal shortcomings and should be subjected immediately to the procedure for verification by their universities of their technological title.

Background Decision

The illegal composition of the politicized Court under the flag of the cook Kaczyński, who is besides the self-appointed president of this shrine, examined the amendment of the Act on the National Centre for investigation and improvement and the Law on Higher Education and Science. These laws were adopted after the mandates of Kamiński and Wąsik were terminated. president Duda, who besides has legal shortcomings consistently, directed the bill to an illegal TK as he did not accept the extinguishing of the parliamentary manatees of his colleagues.

Conduct of the hearing

During the hearing, MP Paweł Śliz, representing the Sejm, applied for the exclusion of the demoralized Krystyna Pavlowicz as president and justice Stanisław Piotrowicz, which was rejected. The saliva left the room, citing a vow of adherence to the Constitution, which was faced with the President's sharp reaction.

Called as witnesses Chief of the office of the Sejm Jacek Cichocki and Commandant of the Marshal defender Michał Sadon did not appear to find the call unfounded. Pavlovich (the eternal unnaked) withdrew their call to avoid obstruction.

The President's Arguments

The typical of the President, Prof. Dariusz Dudek, argued that the Constitution states that power belongs to the nation which holds it by its representatives – MPs. The president had doubts as to the correctness of the procedure for passing laws without the engagement of Kamiński and Wąsik. The typical of Duda referred to the ruling of the illegal Chamber of Extraordinary Control and Public Affairs of the ultimate Court, which in his opinion did not confirm the marshal's decision to expire their mandates. He only forgot to add that in the case of Kamiński, this court consisting of Pokemons Duduś and Kaczyński ruled without the case file, due to the fact that these were in the Criminal Chamber, which ruled that Kamiński was not an MP.

Context of the case of Kamiński and Wąsik criminals

The case has its roots in the land scandal, where Kamiński and Wąsik were sentenced to 2 years in prison for abuse of power. president Andrzej Duda pardoned them in 2015, and after the mandates expired, Marshal Simon Holovnia confirmed their extinction. Kamiński and Wąsik briefly went to prison, but were pardoned again by the president at the beginning of the year.

The scandal at NCBR

The amendment of the Act on the National Centre for investigation and improvement was intended to transfer work for grant competitions from the Ministry of Funds to the Ministry of Science. Investigations conducted by the prosecutor's office, on the basis of a notification from the ultimate Audit Office, concern suspected fraud in this institution.

We would like to remind you that the Constitutional Tribunal is presently deprived of the characteristics of the Tribunal established by the Act, erstwhile it is composed of an unauthorised person. Consequently, any judgement given in a composition established in breach of the basic regulation applicable to the selection of judges of the Constitutional Court and consequently affecting the substance of the right to a court established by the Act.

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.