Kamiński and Wąsik are not giving up. They intend to fight to keep their parliamentary seats

Kamiński and Wąsik are not giving up.  They intend to fight to keep their parliamentary seats

Mariusz Kamiński and Maciej Wąsik will most likely take part in the next session of the Sejm. This is indicated by both the timing of the procedures applied to them and the current behavior of the interested parties themselves.

Although the Marshal of the Sejm, Szymon Hołownia, expired the mandates of PiS MPs and called on them to refrain from fulfilling their duties, they do not intend to comply. They are still taking part in the work of the Sejm and will probably also appear in the plenary hall next week. Their presence at the next meeting will be possible because the deadlines that are crucial for them have not yet passed.

Deadlines in the case of Kamiński and Wąsik

All because the Marshal’s decision regarding the parliamentary mandates of Wąsik and Kamiński was appealed to the Supreme Court. However, it has not yet reached this institution and it will only happen on Wednesday, January 4, because the Supreme Court is still closed on Tuesday, January 2, taking advantage of the statutory holiday period. Then he will have 7 days to consider appeals regarding the correctness of the extinguishment. The deadline for the Extraordinary Control Chamber of the Supreme Court will start to run on Thursday, January 4. So January 11 will expire.

The next session of the Sejm is scheduled for January 10 and 11. It is clear that Kamiński and Wąsik will still be able to take part in it. It is worth adding that the deadlines described above are the fastest possible way to resolve this matter. Michał Zuchmantowicz, a lawyer representing the MPs, emphasized that they had still not been formally notified about the decisions of Marshal Hołownia regarding their case.

Article 250 of the Electoral Code provides that after choosing the method of notification (here, registered letter), the Chancellery of the Sejm cannot use other mechanisms, such as forwarding a document by a Sejm official, during the work of the chamber. Zuchmantowicz reminds that only after receiving the decisions by correspondence will the 3-day deadline for appealing to the Supreme Court begin to run, which will set a new 7-day deadline for this court to consider it.

When will the mandates of PiS MPs expire?

As experts emphasize, the decision to terminate parliamentary mandates comes into force only when it is announced in the Polish Monitor. The Chancellery of the Sejm itself announces that this will not happen in the coming days, and Marshal Szymon Hołownia declared that he will wait for the Supreme Court’s decision if PiS MPs decide to take this route.

Interestingly, letters from Wąsik’s and Kamiński’s representatives have already been sent to the Speaker of the Sejm and the Supreme Court. Zuchmantowicz emphasizes, however, that this is only due to procedural caution and does not change the fact that his clients are still waiting for the formal delivery of the decisions regarding fines.

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