Thursday, January 25, 2024

Calls for new elections in Poland, practically every new law will be unconstitutional

Niezalezna(.)pl: Krzysztof Szczucki, former president of the Government Legislation Center, warns about the risk of defective legislation:

"When MPs die or resign, when it is obvious that these mandates expired and there is a replacement procedure, everything continues as normal; then there is no inconsistency with the Constitution. ...

There are MPs who are not allowed by the Speaker of the Sejm to exercise their mandate. In my opinion, this may be the basis for declaring the laws that will be passed unconstitutional. ...

There has never been such a precedent. I do not know how the Constitutional Tribunal will behave, but I see grounds for alleging non-compliance with Article 2 of the Constitution.

Law and Justice (PiS) president, Jarosław Kaczyński, told journalists that "we have an emergency situation, and the constitution has practically ceased to work." In his opinion, new parliamentary elections will be necessary.

When asked in what sense the constitution was no longer working, he said that it was "simply being violated."

In Poland, the president has a right to disband the parliament and call for new elections.