The Constitutional Court on Wednesday, Oct 1, declared the “Lex Romanowski” amendment to the 2025 law on parliamentary mandates unconstitutional, annulling the entire act.
Court’s Ruling
The Constitutional Court, on 1 October, ruled that the amendment to the February 21 2025 law on the execution of parliamentary mandates, popularly called “Lex Romanowski,” is unconstitutional. The court declared the amendment invalid and the whole statute unenforced.
Senate Amendments Contravened
The Sejm’s January 2025 amendment stripped MPs and senators subject to temporary arrest of the right to receive salaries and perform parliamentary duties. It also imposed automatic suspension of parliamentary rights upon incarceration or evasion, and extended the rule to those hiding abroad beyond the reach of temporary arrest. The Senate then added a provision awarding back‑pay and allowances to any MP or senator acquitted in criminal proceedings.
The court found that the Senate added clauses beyond the scope of the original parliamentary draft, contravening Art. 7 and Art. 121 (2) of the Constitution, effectively bypassing the legitimate legislative process.
Context: Marcin Romanowski
The amendment was approved by votes of the Civic Coalition (KO), Polish 2050, and the Polish People’s Party (PSL) in response to the case of Marcin Romanowski, a PiS MP and former deputy justice minister. Romanowski is suspected of involvement in the Justice Fund scandal and is wanted under a European Arrest Warrant. He fled to Hungary in December 2024, where he secured political asylum, prompting coalition politicians to seek measures preventing MPs who evade justice from receiving remuneration.
Implications for the Law
Because the court found the provisions unconstitutional, the entire law will not take effect. Consequently, the President is required to refuse to sign it. The judgment was delivered unanimously by a bench headed by Chief Justice Bogdan Święczkowski.
