Marcin Wiątek will not enter the Council of the fresh Constitution. “I refused”

The Ombudsman Prof. Marcin Wiązek did not accept the invitation to the Council of the fresh Constitution to the president of the Republic of Poland. In Polsat News he explained that he was finishing his word of office and did not want to make commitments that could already affect his successor. At the same time, he pointed out that it would be worth clearly describing Poland's relations with the European Union.

Why the RPO refused the President

Prof. Marcin Wiązek said in the program “Guest of Events” that he received a proposal from president Karol Nawrocki to participate in the work of the fresh constitution council. However, the Ombudsman did not decide to join her. The reason he stated did not concern the thought of constitutional debate itself, but the situation of the office which is presently holding.

The RPO explained that, as a closing spokesman, it would not like to undertake specified obligations to the individual who would take office after it. He said that in this situation it would be “an uncomfortable” for me to succeed. The word of office of Marcin Więcka, who made his vows on 23 July 2021, expires on 23 July 2026.

When asked if he could join the council after the end of his word of office, Wiącek did not make specified a declaration. He simply replied that he had given the president the position he had given in the studio.

What Wiątek would change in the Constitution

The Ombudsman besides referred to the Constitution itself. In his opinion, the human rights part does not require change today. Wiązek stressed that the catalogue of human rights enshrined in the Polish Basic Act is very good and “it does not should be changed”.

Otherwise, the RPO assessed the place of European law in the Constitution. He pointed out that it was worth considering adding the alleged "European Chapter" to the basic law. This chapter would clearly find Poland's position in the European Union, the function of European law and the importance of the case law of European courts.

Wiącek explained that the deficiency of specified rules favors many. According to him, the relation between national and European law is at the minute "big disputes". According to the Ombudsman, the relation between the president and the Council of Ministers should besides be defined more precisely in the Constitution in order to reduce conflicts of competence during co-habitation.

RPO besides spoke about this earlier, in a conversation with TOK FM. He pointed out that the current strategy combines elements of the parliamentary and presidential model of governments, which, in a political dispute, could lead to conflicts over who has the "last word". He defined the decision on the possible direction of change: more cancer or more presidential, as a political decision.

Council to work on the constitution 2030

The Council of the fresh Constitution was appointed by Karol Nawrocki on 3 May, during the ceremony at the Royal Castle in Warsaw. The President's office informed that these were the first appointments to this body. Acts of vocation were received by Marek Jurek, Prof. Ryszard Legutko, Prof. Anna Łabno, Prof. Ryszard Piotrowski, Barbara Piwnik, Julia Przyłębska and Józef Zych.

Nawrocki announced that the work was to focus on "the constitution of the next generation of 2030". According to the President's Chancellery, the next step is to grow the work to include experts, lawyers, constitutionalists and representatives of parliamentary groups.

Formally, the council acting on the president may prepare proposals and expert facilities, but does not change the constitution itself. The draft amendment of the Constitution must go through the parliamentary procedure referred to in Article 235 of the Constitution of the Republic of Poland. The president is 1 of the entities that can present specified a project.

Marcin Wiącka's refusal does not so end the debate on the Constitution, but shows that the RPO separates 2 cases: participation in the presidential body and evaluation of the fundamental law itself. In his statements, the most crucial request is not to change the catalogue of human rights, but to clarify Poland's place in the European legal order and principles of cooperation between the most crucial authorities of the state.

Source: Polsat News