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The constitutional.eu portal reports that at the Sejm a situation occurred where unauthorized persons participated in the vote. Is this really the case?
On 5 June 2018, the President of the Republic of Poland appointed Konrad Głębocki as Ambassador of the Republic of Poland to Italy, thus taking Decision No. 110.33.2018 (Article P.P. 612). At the time of the appointment, Konrad Głębocki was an active member of the Sejm of the Republic of Poland, elected at the last elections.
Controversy
Deputy Konrad Głębocki, however, voted on June 6, 7 and 15, 2018, after an appropriate nomination. At this point, the problem begins to arise, and Internet users have enough information to trigger the scandal. Is it true? The mandate of the Deputy is not cumulative with that of the President of the National Bank of Poland, the President of the Court of Auditors, the Ombudsman, the Ombudsman for Children and their deputies, a member of the Council. Monetary Policy, Member of the National Council of Broadcasting and Television, Ambassador and employment at the Chancery of the Sejm, Chancellery of the Senate, Chancellery of the President of the Republic or employment in the public administration. This prohibition does not apply to members of the Council of Ministers and secretaries of state in the public administration.
It seems that the interpretation of the language is sufficient to understand the content of the above provision. An ambassador can not be a deputy at the same time – and that is an indisputable question. In addition, article 247 of the electoral code in §1 point 6 tells us that
The expiry of the term of office of the deputy takes place in case of appointment […] during the term of office or appointment. functions which, according to the provisions of the Constitution of the Republic of Poland
The most important issue, however, is to establish a certain problem
Who is the ambassador of the Republic of Poland and when a person becomes
A person becomes an ambassador at the time of his appointment and ceases to be an MP indicating – immediately – this fact by the Marshal of the Sejm. In the present case, however, the Marshal of the Diet rendered his decision on the expiry of his mandate on 25 June. Why?
The very appointment of the office of the Ambassador of the Republic of Poland requires the signature of the President and the Prime Minister. In the absence of everything – this is not valid. If the Prime Minister has presented his signature later than June 15, there can be no question of scandal. Was it like that?
The author of the entry on the portal konstytucyjny.pl received an answer to the above question from the Prime Minister's Office. The Prime Minister signed his signature on June 1, so that when the president signed the appointment, he took effect and the deputy became the ambassador of the Republic of Poland
The scandal is ready?
The resolution (retrospectively) read for yourself. In its content, the declaration
[…] is used to indicate the expiry of the term of the deputy Konrad Z. Głębocki […]
on June 5, 2018. The conclusions are self-evident, but the situation is quite complex and despite the obvious fact the arguments may seem different. There are many discussions on the Internet, including delivery times and others. One thing is certain: the decision of the President of the Sejm has certainly not been published immediately.
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