On Monday, the Warsaw-Śródmieście District Court decided not to accept the statements of Mariusz Kaminski and Maciej Vesik. Refusal to initiate enforcement proceedings. At the same time, the judge decided to prepare statements to send both law and justice politicians to prison, where they face two years of imprisonment.
– The Supreme Court ruled that the mandates operated under a procedure it could not. He made this while considering the appeal of interested parties against the decision of the Speaker of the Seimas, and in this procedure the Supreme Court can only check whether there was a formal error. The Supreme Court cannot overrule the final decision of the District Court. The professor commented on TV Republic in a different mode – an unusual complaint mode. Ryszard Piotrowski, a constitutionalist from the University of Warsaw.
The expert emphasizes that the Constitutional Tribunal has nothing to say on this issue. – The Constitutional Tribunal does not consider criminal cases. This is the competence of the judiciary. The Supreme Court announced this. For 6 years, if not more, the Constitutional Tribunal has tried to block this process as a result of an apparent competence dispute that began in 2017. As a result, when the Supreme Court became enraged and decided to withdraw, the Constitutional Tribunal quickly convened. – he indicated.
Prof. Piotrowski: A legal problem that should be resolved with another pardon
– The point is that whether the pardon was effective or not is up to the court and the court decided as it decided. The Constitutional Tribunal, which shows how lazy it is in this matter (…), and after 6 years says that the president's pardon was effective, does not exercise judicial power in criminal matters – said Prof. Piotrovsky.
According to the constitutionalist, the problem will be solved through another pardon Kaminsky and Vesik. – It would be better for the president to take advantage of this opportunity. It doesn't bring him any disdain, he's just being consistent. The situation in which those MPs whose status changed after the final judgment was passed are convicted – and if such a situation did not happen, it would be enough for the president to maintain his previous position – he summarized.
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(tags translated) Piotrowski