President Komorowski breaks the Constitution

President Komorowski breaks the Constitution - says Piotr Ciompa from the Łódź Institute of civilian Affairs in a conversation with Wojciech Chosenowski


Wojciech Wyborowski: You claim that president Komorowski has broken the Constitution by submitting a request for a referendum on JOW. Why? Piotr Ciompa: The referendum procedure proposed by president Bronisław Komorowski in the JOW case may be applied, in accordance with Article 125 k of the Constitution referred to by the President, only to matters not regulated in another articles, i.e. ratification of global treaties (Article 90) and amendments to the Constitution (Article 235). In the meantime, the Sejm is governed by Article 96(2) of the Constitution. What does that mean? Only that a possible referendum on ordination can be held only in the constitutional referendum procedure referred to in Article 235 of the Constitution, alternatively than in the Article 125 procedure, as Bronisław Komorowski wishes. Why didn't the president propose this path? For it is permissible only in the case of Chapters I, II and XII of the Constitution, i.e. according to the author of the basic law, it must not concern election ordination. Thus, Article 235 would not give immediate effect to the usage of the second circular of elections, that the president is seriously proposing something. But the president and politicians of the ruling organization are already saying that the substance is almost settled. They propose that a referendum would take place in September specified a referendum would be unconstitutional. Even if more than 50% of citizens participate and more than half of them support the JOWs, it will not be binding on Parliament. If the legislature supports the President's proposal, the referendum will be purely consultative. However, the provisions governing public consultation do not supply for specified a procedure. So it's just the president's game to the public, no matter. I don't know what your president meant. possibly he didn't consult any of the constitutionalists and as a result, he, as guardian of the Constitution, compromised himself. But I'd alternatively believe he's incompetent than cynical. Here we are dealing with another aspect of the case. no of the incumbents in the establishment media raised these doubts. In another cases, they went to the media to defend ruling coalition initiatives or to show the unconstitutionality of opposition ideas. Now they're quiet. What action should president Komorowski take on the referendum on JOW-ó? He should start a public consultation. It's the only way the president can run right now. Unfortunately, the rulers in Poland do not take the thought of public consultation seriously. Public power has always led it in specified a way as to extort people's opinions for themselves.