On 7 May, the European Commission announced in its authoritative communication that Poland has recognised the precedence of European Union law over its own legislation. The Confederate so filed a announcement to the D.A. on the grounds that the Prime Minister could commit a crime of diplomatic treason.
In the Communication on the closure of the procedure with Article 7 of the EU Treaty on Poland, published on the European Commission’s website, it follows that the government in Warsaw has recognised the precedence of the law of the community over the state.
Poland has launched a number of legislative and non-legislative actions to address concerns about the independency of the judiciary, recognised the primacy of EU law and committed to implementing all the judgments of the EU Treaty and the ECHR concerning the regulation of law, including the independency of the courts, reads the information.
During a press conference organized by Tomasz Grabarczyk and Krystian Kamiński, the Confederate announced that Donald Tusk, agreeing to specified action, committed diplomatic treason, which is why the organization is filing a announcement against him to the prosecution.
For us, for all common sense Poles, this simply means that Donald Tusk, as Prime Minister of the Republic of Poland, committed diplomatic treason and so we are filing a notification about the anticipation of committing a crime of diplomatic betrayal to the prosecution on the Prime Minister Donald Tusk," said Grabarczyk.
Another policy cited Article 129 of the Criminal Code, which states that "who, being authorized to act on behalf of the Republic of Poland in relations with the government of a abroad state or abroad organisation acts against the Republic of Poland is subject to imprisonment from 1 to 10 years".
Krystian Kamiński besides spoke. The erstwhile MEP and the EP candidate recalled that agreeing to the precedence of EU government undermines the fresh judgments of the Constitutional Court and those of 2011 and 2005, which clearly stated that the constitution was superior. Kamiński besides stressed that no another EU country agreed to akin measures.
The Constitutional Tribunal recalled that in accordance with Article 87(1) of the Constitution, the strategy of sources of law of the Republic of Poland shows hierarchical construction. International agreements ratified with the consent of the law, specified as the Treaty on European Union (hereinafter: TEU or Treaty), are in this hierarchy below the Constitutionwhich is the highest law in the Polish strategy of sources of law. As part of this system, since ratification and publication in the authoritative Journal, the global agreement must be in accordance with the Constitution. In the hierarchy of sources of law TEU is so in the Polish legal strategy below the Constitution, as well as any ratified global agreement and like any part of the Polish legal system, must comply with the Constitution – the Constitutional Tribunal indicated in 2011.
Krystian Kamiński said that, according to the Confederate, the prosecution should take the substance very seriously and decide whether there was a crime.
With us as always, individual has to thin forward and show that it is more “European” than Polish. That's why we accuse the Donald Tusk government of diplomatic treason. and we believe that specified a thing should be decided by the prosecution," said the politician.
Nationals.net
