MP Głębocki became an ambassador. He participated in three votes

There was a violation of the law by the president of the Sejm, he allowed an unauthorized person to attend meetings of the Sejm – according to the constitutionalist physician Marek Balicki. This comment refers to the case of the former deputy Konrad Głębocki, who, having been appointed in early June by the ambassador, still sat in the Sejm and had participated in 175 votes. Although he should not do it according to the law.

On 5 June, Deputy Konrad Głębocki was appointed Polish Ambassador to Italy by President Andrzej Duda. According to Article 103 para. 1 of the constitution of the mandate of the deputy can not be combined, inter alia, with the function of an ambassador. Article 247, paragraph refers to this provision of the Constitution. 1 point 6 of the Electoral Code, according to which the expiry of the mandate of a deputy intervenes in case of "appointment during the term of office or functions which, according to the provisions of the Constitution of the Republic of Poland, do not can be combined with the exercise of the deputy mandate ".

In turn, Article 247 para. 5 of the Election Code stipulates that the expiry of the term of office of a deputy appointed or elected during the term of a position or function that can not be combined with the exercise of A warrant is held on the day of nomination or election. And Article 249 para. 1 of the Electoral Code states: "The expiry of the term of a deputy is immediately determined by decree of the Marshal of the Sejm."

This decision on the expiry of the term of office of Głębocki, President of the Sejm, Marek Kuchciński, was published on July 2nd. "I declare the expiry of the term of Konrad Zygmunt Głębocki on June 5, 2018" – it was written in the document.

According to the information published on the Sejm's website, it seems that Konrad Głębocki still has participated in Sejm on 6, 7 and 15 June 175 votes (June 6 – 23 votes, June 7 – 69, June 15 – 83)

"An unauthorized person voted"

The constitutionalist physician Ryszard Balicki estimated that in the science of law the opinion prevails that the effect of the decision of the President of the Sejm is only declarative. This means that the mandate of the person appointed ambassador expires by law from the date of appointment, and not only at the date of the decision by the President of the Diet.

He points out that section 247 para. 5 of the Electoral Code explicitly states that the expiry of the term of a deputy takes place on the day of the appointment or election. – Even in his decision, the President of the Sejm gives the date, there the date of June 5 is clearly lit. The decision of the President of the Sejm is very clear: I declare the expiry on June 5th. There is no discussion there. On June 5, the member's term expired. End, kopek – he explained

– Therefore, the question is unambiguous. Here, there was a violation of the law by the President of the Sejm, because he authorized an unauthorized person to participate in the Sejm sessions and vote – he believed.

The constitutional expert pointed out that admitting an unauthorized person would not have direct effects. none of the votes with the decisive vote. – In this situation, there is no problem with the consequence of these votes, even if it should be corrected. You should consider whether this vote should not be withdrawn, enter an annotation that an unauthorized person has voted, "he added.

Balicki also pointed out that there is no law in the law regarding the responsibility of the Diet President for the situation. – This is also due to the fact that no one has predicted such a situation, "he said," the Marshal of the Sejm is responsible for this as the person who directs the work of the Sejm. "He should explain what were the reasons for such action." CIS: Late information

Director of the Sejm Information Center, Andrzej Grzegrzółka, said that Głębocki had been informed of his appointment as Ambassador of Poland to Italy on June 19, after the June vote CIS – he participated as a "good parliamentarian in good faith"

– The next steps of the Chancellery and the President of the Diet were determined by this delay as an activity that did not have a major impact on the decisions taken in plenary session it was by no means overwhelming or decisive for decisions taken – stressed Grzegrzółka

Author: mm // now
/
Source: PAP