Bartłomiej Przymusiński on Presidential Draft Changes to Lex Tusk: He’s a Legal Beast

There is confusion with confusion in this law, Judge Bartomeg Przymosinski, spokesman for the Association of Polish Judges “Iustitia”, evaluated on TVN24, referring to the draft amendment to the law establishing a commission to examine Russian influence called “Lex Tusk” presented by President Andrzej Duda. The judge also said, “From a legal point of view, it is impossible to interpret” the decision of the president, who signed the law a few days ago. He stressed that “the Guardian of the Constitution does not sign draft laws that contradict the Constitution.”

president Andrey Duda He said on Friday that Prepared an amendment to the law of the Committee for the Study of Russian InfluencesIt’s called Lex Task. The draft has already been submitted to the House of Representatives. The president’s announcement comes just days after he signed a bill that has been criticized by many experts and politicians, and the United States has expressed great concern about it. United State and the European Union.

Read on CONKRET24: What articles of the Constitution of the Republic of Poland were violated by the Lex Tusk Act?

The proposed changes assume, among other things, that a representative or senator will not be able to become a member of the committee, and that that body’s decision will be subject to appeal to the Court of Appeals.

Przymusiński about the President’s project: There is confusion with confusion

The president’s project was commented on Saturday morning in TVN24’s “Wake Up and Weekend”, the spokesman for the Association of Polish Judges “Iustitia” Judge Bartłomiej Przymusiński. He assessed that “this is some kind of legal monster.” – You can say figuratively: a dog with wings, an elephant’s trunk and deer horns. He said there is confusion with confusion in this work.

– an administrative decision (made by the commission), which can be appealed – nowhere in any legal system has this kind of legal monster been found. (…) So the first case is before the committee, and an appeal should be lodged against the court ruling. Przymosinski said the constitution provides that two-tiered court procedures are guaranteed.

In this law, he noted, the president “has also formulated one very political solution, because it means that the provisions of the Code of Civil Procedure will be applied, so in theory an appeal against this ruling would be due to the Civil Chamber. (Supreme Court – Ed.), but The terms of reference have been changed, and this cassation appeal has been submitted to the Extraordinary Control and Public Affairs Chamber, in which there are one hundred percent new judges, nominated by a president.In the opinion of the Estetia spokesperson, “this solution is still quite political.”

Duda: I suggest appealing the commission’s decision to the Court of Appeal

“Signing the president has certain financial consequences.”

“We must all be aware that the president’s signature has certain financial consequences,” he stressed.

– We already know about the great concern of the European Commission with this law, and we know that 770 billion of the National Reconstruction Plan is at risk. If today all Poles, looking into their wallets, see that there is less and less money, I think it’s time for them to realize that in a country where there is no rule of law, and the rule of law has been dismantled for several years, there is no prosperity either – said TVN24 guest.

– It’s all connected. He added that a country that does not have the rule of law is a country in which there is less investment, a country in which the authorities, in order to obtain funds to finance social programmes, have to borrow more expensively in global markets.

Przymusiński: The guardian of the constitution does not sign laws that contradict the constitution

Przymosinski was asked what happened in the past few days when the president made such a drastic change.

– There is no legal explanation for this. The judge said that the guardian of the constitution does not sign bills that contradict the constitution, and the president initially said that in his opinion this law was unconstitutional, because he was going to file a complaint with the Constitutional Court.

– You could say he vetoed his resolution a bit, because he introduced a bill other than the one he just signed. I think this can only be explained by the fact that the chief realized that, in his assessment, the Poles were very afraid of what had happened.

President's Full Statement on the Amendment to the Named Law

Statement of the President of the Republic in its entirety on the amendment of the law called “Lex Tusk”TVN24

Main image source: TVN24

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