W sprawie poselskiego projektu ustawy o uznaniu za nieważne orzeczeń wydanych wobec byłych posłów na Sejm Rzeczypospolitej Polskiej skazanych w procesie brzeskim za działalność na rzecz demokratycznego Państwa Polskiego
On the Deputies’ bill on considering judgments concerning the former deputies to the Sejm of the Republic of Poland, convicted in the Brest trials for their activity for the bene t of the democratic Polish State, null and void

Summary/Abstract: The opinion concerns convicting deputies in the so-called Brest trials. This was an event of great political signi cance in the Second Republic of Poland. After the September defeatin 1939, on 31 October 1939 President of the Republic of Poland issued a decree granting amnesty to the former deputies and reinstating their civil and honorary rights in their entirety. Since 2005 interpellations and bills have been submitted — mostly by deputies of the Polish People’s Party — concerning considering judgments passed in the Brest trials null and void. The bills were negatively evaluated by the government, the Supreme Court, the National Council of the Judiciary, they were also analysed by the Sejm Analyses Office. The discussed bill — third one submitted, not differing substantially from the previous one submitted in 2016 — refers to specific court judgments in criminal cases passed with relation to specific individuals. It is worth noting that an act shall contain legal norms of general and abstract nature. Hence, the proposed legal solutions transgress the attribution of the Sejm and consequently may violate the principle of separation of powers.

• Details
• Contents