Marek Siwiec MEP on Poland & Europe

The Civic Platform (PO) was supposed to accept the SLD (Democratic Left Alliance) and the Palikot’s Movement projects on registered partnerships. The deal, though unwritten, was about to apply in this parliamentary term. But I waited patiently for the moment, and technology that will be used by the party leadership to cut the project off. It happened faster than I thought.

At the beginning Mrs. Kopacz, the Speaker of the Sejm (Polish parliament) routinely asked the Legislative Committee if the project complies with the European law. This process, initiated in 2001 by Ryszard Kalisz, is used by the Sejm, to avoid heavy legislative mistakes. Mrs. Kopacz could have asked if the project complies with the Constitution or other legislation, but she didn’t. But the Civic Platform has also other members.

The question of the constitutionality was raised by the Deputy Speaker of the Sejm Cezary Grabarczyk. As it happens in mature democracies, experts were asked to give their opinion and two opinions were presented: one came down to “yes” and one to “no”. The MPs have therefore had to vote. So they decided that the project is inconsistent with the Constitution, because, although is not applicable to marriage, it undermines the article stating that marriage is a union of man and woman and is under the protection and care of the state. Only three MPs commented this nonsense: Ryszard Kalisz and two representatives of the Palikot’s Movement. The project fell through.

Usually the conformity with the Constitution is decided by the competent tribunal, when the final legislative act is already known. But this time several people with no major constitutional qualifications, in a simple vote on a proposal from the leader of the Civic Platform, cut off the project of the introduction of registered partnerships.

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