Accession Treaty Constitutional
Accession Treaty Constitutional
The Accession Treaty with the European Union does not contravene the Polish Constitution, the Constitutional Tribunal (TK) ruled May 11. The verdict indicates that following Poland's accession to the EU, the Constitution remains the fundamental binding act in Poland, while EU accession and the devolution of some powers of state bodies to EU institutions does not limit the sovereignty of Poland.
The TK ruling came in response to three groups of rightist deputies who had questioned the compliance of the Accession Treaty, defining the conditions of Poland's accession to the EU, with the Polish Constitution. The applicants were represented by Marek Kotlinowski of the League of Polish families (LPR), Jan Łopuszański of the Polish Alliance (PP) and Antoni Macierewicz (pictured) of the Catholic-National Movement (RKN). They claimed, among other things, that upon ratification european law had gained superiority over constitutional norms. according to the deputies, Poland's sovereignty has been limited. They stress that the government can cede the sovereignty of state bodies to an international organization only concerning specific matters, while the obligations entailed by the Treaty are so extensive as to encompass directly or indirectly most of the tasks of the state. In justifying its verdict, the TK stresses that the Accession Treaty was concluded by EU member countries, which remain sovereign. According to the TK, the community legal norms will never supersede those of the Polish Constitution, should an irreconcilable conflict between them occur. Neither shall a constitutional norm be used to automatically abolish a regulation of the community. In terms of these kinds of conflicts, the Polish legislator shall make a sovereign decision concerning their removal via an amendment to the Constitution, an amendment to community law or ultimately withdrawal from the EU. According to the deputies who submitted the motion, the TK verdict only dismisses the problem of conflicts between the Constitution and European law.
Beatification Starts
Pope Benedict XVI ordered that the beatification procedure of his predecessor, John Paul II, begin immediately May 13, overruling the usual waiting period of five years following the death of a candidate mandated by canon law. The pope announced his decision on the 24th anniversary of the assassination attempt on John Paul II that took place May 13, 1981 on St. Peter's Square by Turkish terrorist Mehmet Ali Agca.
The beatification and canonization procedures have changed over the centuries. The latest reforms introduced by the Apostolic Constitution of 1983, convened by John Paul II, facilitate and accelerate this process. A precedent in the repeal of the five-year waiting period was established by John Paul II's decision regarding Mother Theresa of Calcutta.
According to Vatican and canon law experts, Benedict XVI's decision means that John Paul II will be beatified in the next two to three years.
First Lady to Face Commission?
The Sejm special investigation commission for the PKN Orlen scandal will soon decide whether to summon Jolanta Kwaśniewska as a witness. The relevant motion was submitted May 11 by the LPR's Roman Giertych, deputy chair of the commission, and its members Andrzej Grzesik of Samoobrona and Antoni Macierewicz of the RKN.
The motion followed in the wake of reports by Rzeczpospolita that a businessman of Polish descent residing in the United States, Edward Mazur, suspected by the Polish prosecutor's office of ordering the murder of former police chief Marek Papała, financed the Porozumienie bez Barier (Communication Without Barriers) foundation of Jolanta Kwaśniewska. A Polish expatriate organization sponsored by Mazur allegedly acted as an intermediary for the funds.
The Polish president's wife referred to the Rzeczpospolita story as "one more hoax" targeted at her and her husband by political communities hostile to them. "Mr. Mazur does not belong to my circle of acquaintances, I have never talked with him," said Kwaśniewska, adding that a photograph of her with Mazur published by the daily was one of thousands of pictures taken at various events attended by the First Lady.
President Aleksander Kwaśniewski described the article attacking his wife as "profoundly dishonest," adding that Mazur had never been one of their acquaintances. Kwaśniewski shared his wife's opinion that the case was another political attack during an election year. At the same time, he said that Jolanta Kwaśniewska, if summoned, would without a doubt appear before the Sejm investigation commission.
Top Cop in Custody
Internal Security Agency (ABW) officers apprehended Gen. Mieczysław Kluk May 12. Silesia province's former police chief was detained in connection with an investigation of the "fuel mafia" case. Bogusław Słupik of the Appellate Prosecutor's Office in Cracow said Kluk's detention confirmed that state officials and police officers had acted in complicity with the criminals. Słupik also announced more detentions would follow. One day later, Kluk was formally charged with corruption and disclosure of state and official secrets, liable to up to 10 years in prison. According to the prosecutor's office, Kluk accepted hundreds of thousands of zlotys for his complicity.
Prosecutor Ryszard Tłuczkiewicz, who heads the investigation, said that at the beginning of the fuel-related investigation at BGM, a company closely connected with the "mafia," classified documents had been discovered that the offenders had most likely received from police officers.
Cracow prosecutors have followed the trail of the "fuel octopus" for three years. The case already involves 130 suspects. The prosecutor's office estimates the resulting damage to the Treasury at zl.280 million.