Mariusz Gosek threatened that Donald Tusk's government will end on January 31. At the protest rally after the arrest of Mariusz Kaminski and Maciej Vasik, he shouted that the budget law would be the basis for the dissolution of the Seimas. This is a trick that Andrzej Duda can use if he wants to create even more legal chaos.
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Gosek threatens to dissolve the Sejm. Will Vasik and Kaminski give Duda an excuse?
Only after arrest Maciej Wąsik and Mariusz Kaminski Politicians law and justice They first went to the police station, and then to the prison. where the convicts were placed.
Jaroslaw Kaczynski tried unsuccessfully to intervene as a member of parliament while in prison. He also tried to break into the prison Mariusz Gosek from sovereign Poland. As we wrote in naTemat, a politician He threatened the prison service with a change of government.
– Do not be afraid! January 31 is the end – the budget was not adopted, the elections – he shouted into the intercom. Why should Donald Tusk's government fall on January 31?
The right-wingers are calling out more and more loudly Andrzej Duda For the transfer of the budget bill to the Constitutional Tribunal. The basis for this type of action will be the adoption of the budget by the subcommittee Seim.
The Constitutional Tribunal, in turn, will agree with the President's arguments and find that the act was passed in violation of the provisions. This would give the head of state an excuse to claim that the documents were not received on time.
This leads to art. Article 225 of the Constitution, i.e. shortening the term of office of the Seimas.
Vasik and Kaminsky in prison. Right to vote 'would be against the law'
On the issue of adopting the budget in the created political situation We asked Prof. Marek Chmaja. Former Vice President State Tribunal And the specialist of constitutional law and administrative law directly says that the Seimas with its incomplete composition can legislate.
– Of course. The number specified in the constitution is a nominal number. But it happened repeatedly that each chamber made decisions and acted even when individual mandates were vacant, he explained.
– This happened in the Seimas, for example, as a result of the death of a deputy. It was the same in the Senate. See, at the end of the 10th Senate term, there were 98 senators in the Senate because there were no midterm elections. And the Senate has fulfilled its systemic functions, he added.
Moreover, a legal problem would arise if Kaminski and Vesik participated in the budget vote.
– Yes, it would be a violation of the law, because unauthorized persons would participate in the voting. Constitution in paragraph 1 of Article 99. 3 indicates that a person sentenced to imprisonment for an intentional crime by the public prosecutor's office does not have the right to passively vote – noted Prof. Chmaj.