The Constitutional Tribunal has ruled the April 2024 accounting amendment unconstitutional, citing the parliamentary exclusion of PiS politicians Mariusz Kami\u0144ski and Maciej W\u0105sik from the legislative voting process.<\/p>\n
The Constitutional Tribunal declared the accounting act amendment unconstitutional on Tuesday. The ruling stems from the exclusion of Mariusz Kami\u0144ski and Maciej W\u0105sik\u2014then MPs, now MEPs\u2014from participating in the parliamentary vote on the measure, which sought to implement EU tax transparency requirements for large corporations.<\/p>\n
Presided over by judge Jaros\u0142aw Wyrembak with Bogdan \u015awi\u0119czkowski as rapporteur, the Tribunal ruled that the exclusion of these MPs violated the principle of legalism. The court argued that this legislative process was inherently flawed due to the improper composition of the Sejm, extending the defect to the inclusion of Monika Paw\u0142owska during the voting.<\/p>\n
The ruling faced opposition within the Tribunal. Judges Bart\u0142omiej Socha\u0144ski and Jakub Stelina filed dissenting opinions, noting that the act passed with 431 votes and that the absence of two members did not alter the result. Socha\u0144ski argued there is no logical link between the alleged constitutional violation and the invalidation of an act that has been in effect for two years.<\/p>\n
Judge Stelina warned that the ruling could have broader implications, effectively negating the authority of the Sejm’s decisions during the period between the expiration of the two MPs’ mandates and their eventual election to the European Parliament. He questioned whether delegitimizing the legislature serves the constitutional interests of the state.<\/p>\n
The legal impasse originated from the December 2023 conviction of Kami\u0144ski and W\u0105sik for abuse of power, leading to the attempted expiration of their parliamentary mandates by Speaker Szymon Ho\u0142ownia. While the Labour and Social Insurance Chamber of the Supreme Court upheld the expiration, the Extraordinary Control and Public Affairs Chamber contested it.<\/p>\n
Following their exclusion from Sejm proceedings and the deactivation of their voting cards, both politicians were eventually pardoned by President Andrzej Duda. They subsequently won seats in the European Parliament in June 2024. The current impasse remains marked by the Sejm’s refusal to publish Tribunal rulings it deems issued by improperly appointed judges.<\/p>\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
The Constitutional Tribunal has ruled the April 2024 accounting amendment unconstitutional, citing the parliamentary exclusion of PiS politicians Mariusz Kami\u0144ski and Maciej W\u0105sik from the legislative voting process. A Legislative Verdict on Constitutional Integrity The Constitutional Tribunal declared the accounting act amendment unconstitutional on Tuesday. The ruling stems from the exclusion of Mariusz Kami\u0144ski and […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"wpai_generated_summary":"","footnotes":""},"categories":[43],"tags":[],"class_list":["post-2810","post","type-post","status-publish","format-standard","hentry","category-politics-and-law"],"_links":{"self":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/posts\/2810","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/comments?post=2810"}],"version-history":[{"count":0,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/posts\/2810\/revisions"}],"wp:attachment":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/media?parent=2810"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/categories?post=2810"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/tags?post=2810"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}