Controversy over constitutional changes. “Never exchange locks with a thief.”

In connection with the amendments submitted in the second reading, the bill was again sent to the Extraordinary Committee of the Sejm for consideration of the bill amending the Constitution of the Republic of Poland.

A parliamentary draft for constitutional amendments was presented last year – after the Russian invasion of Ukraine – before Representatives of the Law and Justice Party. The project presupposes, first of all, the possibility of the state treasury – in the event of an armed attack on Polish territory – taking possession of property that will be used to support Russian aggression. Another proposed clause assumes that expenditures “used to finance the defense needs of the Republic of Poland” will not be included in the Public debt.

Rapporteur Marek Ast (Law and Justice Party) indicated that during the work on this draft law, the Parliamentary Extraordinary Committee held an in-depth discussion, during which opinions differed on the need to exclude defense spending from the public debt limit and introduce a provision to the House. Constitution on the possibility of confiscation of assets used in the financing of criminal aggression Russia to Ukraine.

Deputy Michaj Gach (PiS) stressed that the brutal war waged by Russia Ukraine Show that our constitution “did not provide for certain decisions.” As he said, according to the draft, “those who support barbarism also act to the detriment of civilians, it would be possible (…) to confiscate, of course, according to the established regulations”. He stated that the draft also provides for the exclusion of defense spending from the public debt limit.

Law and Justice MP argued that “this change will improve the performance of the state to enhance our security”.

In turn, Representative Robert Kropiwicki (KO) filed a motion to reject the draft. – The idea of ​​beauty, smooth and charming words, but the truth is harsh: you want the indebtedness of the republic as much as you can. According to your standards, practically everything can be a strategic investment for defense in an instant – CPK, Radom, Mierzeja Wiślana – everything will soon be forgiven of debts (…) We don’t want to agree to this – he said.

As he said, when it comes to the possibility of confiscation of property aimed at supporting Russian aggression, these goals can be achieved at the level of legal provisions, through appropriate changes in the Penal Code. At the same time, he stressed that the court must decide whether to take someone’s property.

According to Anna Maria Ukowska (left), the work of the extraordinary commission showed one thing: “that this change in the law is not necessary in any way.” According to her, it can expose us to “the possibility of another direct collision with the institutions of the European Union, with the CJEU, that is, a violation of the precautionary thresholds”, which is why the left cannot agree to this. It also assessed that the provisions on confiscation of property “leave doubts”.

According to MP Jacek Tomchak (KP-PSL), some provisions of the draft regarding the confiscation of property in the event of an armed attack do not cause much controversy. On the other hand, he added: “As we well know, we already have confiscation in the Polish legal system, introduced by the ordinary laws.” “Therefore, I do not see the need to amend the Polish constitution or add new articles to it,” he stressed. Tomczak noted that KP-PSL cannot support this project in its current form

MP Mirosław Soczow (Poland 2050) said during the debate that he did not know how this project left the committee, “because it certainly should not have happened.” According to him, “there is no majority in the Senate that would allow these harmful changes to be adopted.” – Locks should not be exchanged with a thief, and the constitution should not be changed with those who break it – Suzhou Assessment MP 2050 has submitted a motion to reject this project. “I hope it will be considered and this project rejected,” he added.

Deputy Stanislav Tiska (CNT) also stated that his formation did not approve of this project. – But if you want to change the constitution, we propose amendments. We dispose of your provisions which boil down to plunder more Poles, but we present two of our provisions to defend the pockets of the Poles, – he said. As he said, one of the proposed clauses is to say that “everyone shall be provided with the possibility of unlimited cash payments”, and the other: “the Republic of Poland shall have exclusive jurisdiction to levy taxes and other public charges”.

In turn, according to Member of Parliament Jaroslav Sachajka (Kukiz’15), the entire House must support the changes proposed in the draft. – In the eighteenth century, the nobility did not want to pay taxes, and the army in the interwar period, at the end of that, also did not spend money on armaments, because it was all the time hoped that this would be the case. These two facts should convince the upper house to support these solutions – he said.

Lukasz Schreiber, Minister of Chancellery to the Prime Minister, pointed out in the House of Representatives that the changes – proposed by PiS deputies – “could not be made without amending the constitution”. He also said the opposition’s allegations against the project were “misplaced”. – There are many incorrect statements, such as the fact that changes can be made on the basis of the applicable regulations. (…) how? No one was kind enough to explain it.

According to PAP, Chairman of the Committee on Justice and human rights Marek Ast, the draft will be voted on in the June session of the House of Representatives, which is scheduled for the middle of the month.

The draft amendments to the Constitution include, among others: Amending Art. 216s 5 of the Constitution, which shall include the exclusion from the public debt limit not exceeding 3/5 (60%) of the annual GDP, and the financing of the defense needs of the Republic of Poland.

Currently – according to Art. 216s Article 5 of the Constitution – It is not permissible to borrow or give financial guarantees and guarantees, as a result of which the state’s public debt exceeds 3/5 of the value of the annual GDP. In turn, Art. Article 47 of the Constitution stipulates that the confiscation of things shall only take place in cases specified in the law and only on the basis of a final court ruling.

Another change is the addition of Chapter Eleven after Chapter Eleven of the Constitution, entitled: “Threat to State Security”. The Law and Justice Code calls for the addition of Art. 234a, which states that “in the event of an armed attack on the territory of the Republic of Poland or an armed attack on the territory of another state causing a direct external threat to the Republic of Poland or its public order, the property located on the territory of the Republic of Poland, may be seized by the Treasury State by right and without compensation in the event that such property can be assumed to be or could be used in any part to finance or support such attack or activities related to it, and in particular because of the personal, organizational or financial ties of the owner’s property to the attacker.In the draft submitted by the Law Party And justice, even before serving on the commission, this article referred to the property of: natural persons who are not Polish citizens, legal persons and other entities.

The second point of this article assumes that the assets seized by the state treasury are intended to support people affected by the effects of an armed attack. The detailed method of appropriation of assets and the circumstances precluding their appropriation, as well as the method of using the seized assets, shall be determined by law.

A law amending the Constitution is adopted by the Chamber of Deputies by a majority of not less than 2/3 of the votes in the presence of at least half of the legal number of deputies (307 votes in full attendance) and by the Senate by an absolute majority of votes. In the presence of at least half of the legal number of senators.