On Monday, the presidential law firm announced that Andrzej Duda— via preventive control — he referred to the Court Amendment of the associate and Senator's Mandate Act. It is the alleged "lex Romanowski" – a law regulating, among others, the position Parliamentary unfreedom.
In the message of reasons for the President's decision, among others, it was stated that, in his opinion, "The legislature has failed. Therefore, abroadAcceptable amendmentswhich, in accordance with the Constitution and the case law of the Constitutional Court, may be inserted into the text of the Act.’
The Marshal of the Sejm referred to the case on Monday Simon Holovnia. He pointed out that a fewer weeks ago, a simple law was passed in the Sejm: receipt of wage to the Members in pursuit the arrest warrant.’;
‘I have no uncertainty that Poles cannot finance Mr Romanowski holidays in Budapest. The president has doubts due to the fact that he just sent the bill back to the Court. Shame“ Simon Holovnia said on platform X.
"Lex Romanowski". KO and 3rd Road with a proposal
The amendment to the Act on the exercise of the mandate of a associate and Senator, which the Sejm passed in late January this year, was initiated by a group of Members: KO, Poland 2050-TD and PSL-TD. The fresh assumes that the parliamentarian to whom the application was made temporary detentionHe will be stripped of his right to pay.
In addition, the prohibition on the exercise of the rights and obligations arising from the word of office will besides apply to parliamentarians who have been given a decision to apply provisional arrest before the date of entry into force of the amendment Act.
The amended Act assumes that specified parliamentarians will not be able to carry out field activities (including the usage of rights of intervention whether the right to information); they will besides not be able to "use social and surviving rights, specified as the right to pay or to a parliamentary allowance".
The legislature clarified the amendment. "He has gone beyond acceptable limits"
In February The legislature proposed amendmentswhich specify precisely what rights and obligations not execute MP or senator in prison. This includes active Participation in the work of the Sejm or the Senate and the National Assembly, and a full scope of parliamentary powers specified as e.g. right of consultation bodies of government administration and local government, as well as companies with the participation of the State Treasury and public establishments and enterprises. It was besides pointed out that during the imprisonment of parliamentarians no wage Member or senator.
The legislature amendment states that the above provisions "applies besides to a associate or Senator, against whom it is not possible to start a prison conviction or to enforce a decision to apply a temporary arrest, due to his hiding or absence in the country." The next amendment states that in case of redemption criminal proceedings or judgement acquittal of a associate or Senator pay outstanding salary and a parliamentary diet. This, on the another hand, does not apply to conditional remission of criminal proceedings and remission due to amnesty or limitation.
In the message of reasons for the President’s decision to mention the novels to the Constitutional Tribunal, it was stated that “in the case of the contested law, at the phase of its examination in the Senate, the advanced Chamber introduced... new normative content, which was not regulated in the text of the Act passed by the Sejm.’ In the President’s view, “Senat has so committed a violation beyond the limits of acceptable amendmentswhich according to the Constitution and the case law Constitutional Court it may introduce into the text of the Act" and "the fact that these amendments were subsequently adopted by the Sejm remains irrelevant".
"Lex Romanowski" and allegations of participation in organized crime group
The fresh is commonly called “lex Romanowski” by the name of the PiS MP, erstwhile Deputy Minister of Justice Marcin RomanowskiWho's a fishy in the Justice Fund investigation. The National Prosecutor's Office accuses him of, among others, participation in an organised crime group And setting up contests for money from this fund.
These crimes were to include pointing to subordinate workers entities that should win competitions for grants from the Justice Fund. The politician was besides to order improvement of incorrect offers prior to their notification, and allowed the grant to be granted to entities which did not meet the requirements formal and material.
The harm to the State Treasury amounted to ca. PLN 108 million. Romanowski, who has been wanted since December European Arrest Order, resides au Hungarywhere he received political asylum.
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