Unlawful Imprisonment of Kamiński and Wąsik Sparks Constitutional Crisis

    In today’s “Political Coffee” on TV Republika, NSA Judge Anna Dalkowska declared that the imprisonment of politicians Mariusz Kamiński and Maciej Wąsik is illegal and lacks any legal basis. The judge’s statements raise serious concerns about the rule of law and constitutional adherence in Poland.

    Kamiński and Wąsik, who were pardoned by President Andrzej Duda in 2015, find themselves behind bars once again. The current authorities, however, refuse to recognize the presidential pardons, leading to a contentious legal battle. During the TV Republika programme, editor-in-chief Tomasz Sakiewicz engaged a seasoned lawyer, probing the critical question of whether the MPs had immunity at the time of their arrest.

    Judge Dalkowska, a member of the Supreme Administrative Court (NSA), emphasized the constitutional crisis by questioning the powers of the head of state, specifically the prerogatives of the president. The judge contended that the Supreme Court had nullified two resolutions made by the Sejm marshal, highlighting their lack of legal foundation.

    According to Dalkowska, the first issue lies in the fact that the marshal’s decisions were made without a legal basis. At the time of the marshal’s ruling, Kamiński and Wąsik had not yet been entered into the National Criminal Register. The second reason, noted by the Supreme Court, is rooted in an act of grace, a presidential prerogative beyond legal scrutiny in the Polish legal system.

    The judge further pointed out that once the President issues an act of grace, it cannot be altered. Consequently, the resolutions by the marshal concerning the expiration of mandates were nullified, rendering them ineffective in the legal order. This implies that there was no legal basis for the imprisonment of the MPs based on the court’s executive order.

    In a striking development, Judge Dalkowska asserted that the current composition of the Sejm fails to meet the constitutional requirements outlined in Article 96. The Constitution dictates that the Sejm should consist of 460 deputies, but with Kamiński and Wąsik barred from participating in the proceedings, the current count stands at 458.

    “This will have consequences for every legal act that will be passed by the parliament,” warned Judge Dalkowska during her conversation with Tomasz Sakiewicz. The implications of this constitutional crisis extend beyond the fate of the imprisoned MPs, posing a threat to the legitimacy of parliamentary decisions.

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