On Tuesday, the Court of Malta issued a "judgment" in the field of the Pegasus Investigative Commission. Pato-judgment states that the scope of this committee's operation is not constitutional. The “Decision” of the Przyłębska Tribunal is straight linked to the resolution of the Sejm which was challenged by the PiS MPs in March this year.
Scope of the Court’s ‘judgment’
The Court dealt with an action concerning Article 2 of the Resolution of the Sejm of 17 January 2024, which set up an enquiry committee to analyse operational activities, including the usage of the Pegasus system, between 2015 and 2023. The complainants, Members of Law and Justice, claimed that the committee was set up in the incorrect composition of the Sejm. The CCC supported this argument, resulting in a ruling on the unconstitutionality of this article.
Arguments
The president of the hearing, the justice Zbigniew Jędrzejewski, and the rapporteur of the justice Stanisław Piotrowicz (dubler appointed in violation of Article 178(3) of the Polish Constitution), argued that the resolution of the Sejm was subject to a legal defect. In the opinion of the Przyłębska Tribunals, the talker of the Sejm and another authorities liable for conducting criminal proceedings against Members Mariusz Kamiński and Maciej Wąsik, they prevented them from full exercising their mandates. Piotrowicz pointed out that specified actions resulted in "the creation of an unknown constitution of the category of MPs not digging up their mandates".
The further argument pointed out that due to the deficiency of full composition of the Sejm, the resolution on the appointment of the committee of enquiry was adopted by the Sejm, which "cannot be qualified as a Sejm in constitutional terms". The Court considered that for this reason the decision to appoint a committee was taken in a way contrary to the Constitution.
We would like to remind you that the legal withdrawal of the failure of parliamentary mandates by both written criminals was Article 247 §1.2 of the Electoral Code in conjunction with Article 99(3) of the Constitution of the Republic of Poland and Article 11 §2.1 of the Electoral Code.
Controversy around the mandate of Mr Kamiński and Mr Wąsik
Mariusz Kamiński and Maciej Wąsik, on which the arguments were discussed, had already been controversial. In June, the Court ruled that the amendment of the provisions on the National Centre for investigation and improvement (NCBR) of 26 January 2023 was besides unconstitutional, as the 2 Members were not allowed to vote. This is another conviction that points to the problem of limiting parliamentary rights in the Polish Sejm.
Summary
It is almost certain that the ruling issued by the Constitutional Tribunal will not be published in the authoritative diary of the Acts. To date, there has not been any publication of the decision of the Court of the Republic of Moldova given after 6 March 2024, that is to say, following the resolution of the Sejm concerning the recovery of the Court.
We remind you that the composition of the issuing court was devoid of the characteristics of the court established by the law, erstwhile it is composed of an unauthorised person. Consequently, any judgement given in a composition established in breach of the basic rule applicable to the selection of judges of the Constitutional Court infringes the essence of the right to a court established by the Act.
The Head of the Pegasus Commission did not overtake the committee's deliberations after the issue of this case and set further time limits for the meeting.
Daniel Głogowski
Expert in his field – Publicist, author and social activist. The first articles were published in 1999 for global publishers. For more than 30 years, he has gained his experience through cooperation with the largest editorial offices. In his articles, he seeks to address controversial topics and present first viewpoints that allowed for a deeper knowing of the issues discussed.
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"Pegasus Commission Unconstitutional". The Przyłębska Tribunal stands up in the oblation of written criminals
