New! Did Donald Tusk break the law? A amazing deal with Ukraine

Prime Minister Donald Tusk and president of Ukraine Volodymyr Zelenski signed the safety Cooperation Agreement. In this way, both countries have decided to confirm and strengthen existing cooperation and partnership. As part of this event, an global agreement on military matters was signed. Meanwhile, the mode of concluding them is provided for in the Constitution. Did Donald Tusk break the law?

On Tuesday, the Ukrainian-Polish safety Agreement was signed by the president of Ukraine Volodymyr Zelenski and Polish Prime Minister Donald Tusk. The paper aimed at strengthening safety cooperation was signed without the prior consent of the president of Poland.

This raises questions about the legality of specified action in the context of the Polish Constitution and the powers of the Sejm.

Constitutional powers

In accordance with the Constitution of the Republic of Poland, the power to ratify and terminate global agreements belongs to the president of the Republic of Poland. This is precisely defined in Article 133(1) of the Constitution, which states that the president represents the State in external relations and ratifys and declares global agreements. He may delegate these powers to the Prime Minister, but this requires a formal authorisation, which in this case lacked.

No approval from the president. Did Donald Tusk break the law?

In the context of the fresh signing of the safety agreement with Ukraine, it is worth noting that Prime Minister Donald Tusk did not have the President's approval to conclude specified an agreement, or at least did not publically formulate it. This means that his actions were incompatible with the constitutional provisions in force.

Meaning of compliance with the Constitution

Signing global agreements without appropriate authorisation can lead to serious legal and political consequences. According to Article 146(1) and (4) of the Constitution of Poland, the Council of Ministers conducts abroad policy and ensures the implementation of global agreements, but cannot do so contrary to the constitutional powers of the President.

In case of signing an global agreement without the consent of the president of the Republic of Poland, it is besides worth looking at the rights of the Sejm in this matter. The Constitution defines the function and competence of the Sejm in the process of ratification of global agreements.

Constitution of the Polish Republic and powers of the Sejm

1. Article 89(1):
   • It requires the consent of the bill passed by the Sejm and the legislature to ratify global agreements concerning:
     • peace, alliances, political or military agreements,
     • civil liberties, rights or obligations as defined in the Constitution,
     • membership of the Republic of Poland in an global organisation,
     • a crucial financial burden on the State,
     • matters governed by the law or in which the Constitution requires a law.
2. Article 95(1):
   • The legislature in the Republic of Poland belongs to the Sejm and the Senate.
3. Article 118(1):
   • The legislative initiative to ratify global agreements is held by the president of Poland, the Council of Ministers, MPs and the Senate.

The function of the Sejm in the ratification process

1. Statement of Approval for Ratification:
   • The Sejm plays a key function in the process of ratifying global agreements. In the case of agreements which require approval in the form of a bill, the Sejm must pass the applicable ratification act. Without the consent of the Sejm, this agreement cannot be legally ratified by the President.
2. Government control:
   • The Sejm has the ability to control the activities of the government, including the signing of global agreements. Members may request that the legality of the government's activities be examined, in this case signing an global agreement without the President's consent.
3. Interventions and Questions:
   • Members may address interpellings and inquiries to the Prime Minister and another members of the government to explain on what basis the contract was signed and whether this was lawful.

What are the conclusions?

The signing of the Ukrainian-Polish safety agreement by Prime Minister Donald Tusk without the consent of the president of the Republic of Poland constitutes a violation of constitutional procedures. According to the Constitution of the Republic of Poland, specified agreements require formal authorisation by the President, which in this case was missing. The final consequences of this action will depend on further legal and political decisions, but it can already be concluded that there has been a serious breach of the existing rules.

Consequences of Prime Minister's actions

The signing of an global agreement without the consent of the president of the Republic of Poland not only raises legal doubts, but can besides lead to serious political consequences. The political opponents of the Prime Minister stress that specified actions undermine the legal and constitutional stableness of the state, indicating the request for strict compliance with constitutional rules.

The case was made public by Deputy talker of the Sejm, Krzysztof Bosak.

Potential Legal Effects

The Prime Minister's actions may be considered to be over-represented, which may have legal effects. If it is found that the contract has been signed contrary to the Constitution, this may lead to the cancellation of the contract. In utmost cases, the Prime Minister may be held liable for violation of constitutional provisions.

Political reactions

Signing a contract without the President's approval already gives emergence to stormy reactions on the Polish media scene. The Prime Minister's opponents accuse him of incompetence and action against the state. The Prime Minister's supporters argue that signing the agreement was essential to guarantee national safety and that the Prime Minister acted in the interest of the state.

The anticipation of intervention of the Sejm

The Sejm may take action to examine the legality of the signed agreement. Members may request that an enquiry be carried out on this substance and that the Prime Minister and the members of the Government explain it.

The Sejm may besides take action to cancel the contract if it is found that it has been signed in breach of the Constitution.

The President's function in abroad Policy

The president of Poland plays a key function in the abroad policy of the state. According to the Constitution, it is the president who represents the state internationally and ratifys global agreements. In practice, this means that any global agreement to be declared legally binding must be ratified by the President.

Delegation

The president may delegate any of his abroad policy powers to the Prime Minister or the applicable Minister. However, specified entrustment must be formal and clear. In the event of the Ukrainian-Polish safety agreement being signed by Prime Minister Tusk, the President's formal authorisation was lacking, which constitutes a violation of constitutional procedures. In our opinion, Donald Tusk broke the law.

Importance of global Agreements

International agreements play a key function in the abroad policy of each country. They are a tool for shaping global relations, ensuring national safety and promoting the interests of the state internationally. Therefore, compliance with constitutional provisions and the legality of signing specified agreements are highly important.

Examples of global agreements

The signing of a safety agreement with Ukraine is 1 of the examples of global agreements which are crucial for Poland's abroad policy. specified agreements may cover a wide scope of issues, including military, political, economical and another areas of global cooperation.

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