– The court refused to let the arrest of Marcin Romanowski, considering that he was covered by the immunity of the Parliamentary Assembly of the Council of Europe. However, Senator Krzysztof Kwiatkowski, the erstwhile Minister of Justice, presented in the media the Rules of Procedure of the RE, in his opinion that immunity only refers to the performance of the mandate of a associate of the Parliamentary Assembly of the Council of Europe, including travel to its meetings.
Senator Kwiatkowski seems to have a mediocre memory. In 2015, our Polish Sejm adopted a resolution of the Parliamentary Assembly of the Council of Europe on the immunity of this kind on Nadia Sawchenko. The Sejm issued a resolution stating that it had immunity even though it was first taken prisoner by Russian separatists and only then elected as a associate of the Parliament of Ukraine and then delegated to the Parliamentary Assembly of the Council of Europe. The Polish Sejm felt that she had immunity, even though at the time of her captivity (the Russians accused her of terrorism) she did not execute any duties related to the Parliamentary Assembly of the Council of Europe due to the fact that she was not even a associate of this body. If Sawchenko was entitled to immunity, he was besides entitled to Romanowski. Even if the Council of Europe did so in the form of soft law (soft law), but the Polish Sejm accepted it, specified immunity functions not only in Nadia Sawchenko's case, but as an institution. global law contains various ways of concluding and recognising treaties. In global law, there is simply a phenomenon of hardening soft law, which means that it can become a binding global agreement. The Treaty can besides be concluded in the average form, as the customized is besides a origin of global law. We cannot so recognise that, in the Savchenko case, the Parliamentary Assembly of the Council of Europe had the right to recognise its immunity, and in the Romanowski case it had no right to do so.
