Order of the White Eagle to Macerevich. The head of the presidential cabinet responded to doubts about the right

An unusual order for Anthony Matserevich. Andrzej Duda will give him

Order for Macerevich. Commentary by Minister-President Pavel Shrot

In the Law on orders and awards, in particular in Art. 3 contains a provision that an application for awarding a deputy or senator with the Order of the White Eagle, the Order of Polonia Restituta or the Cross of Merit may be submitted after the expiration of the term of office of the person proposed for the award. Macierewicz is currently a deputy.

This gave rise to speculation about whether Anthony Matserevich could now receive this honorary and significant award. It turns out that the key to this case lies in other regulations. Also from this act.

Doubts turned out to be serious, because the head of the presidential office, Pavel Shrot, explained the case in an extensive Twitter post, divided into several parts.

“The week of figuring out the obvious cannot somehow end. The time has come for the Law on Orders and Awards. Pursuant to section 2(2) of this Law, the President awards orders on his own initiative or at the request of the Prime Minister. Minister and heads of orders,” the presidential minister began his speech.

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“I’m waiting for a balanced performance of those who try to prove that I’m wrong”

Further in the post, Pavel Shrot refers to Art. 3, which states that an application for awarding a deputy or senator with the Order of the White Eagle, the Order of Polonia Restituta or the Cross of Merit may be submitted after the expiration of the term of office of the person proposed for the award.

“Thus, this provision is not an obstacle and does not limit the constitutional right of the President of the Republic of Poland, specified directly in Article 138 of the Constitution, to award a deputy or senator with an order on his own initiative, including during the term of his office,” writes Schroth.

“Speaking in less legal terms, the prime minister and chapters cannot apply for the above-mentioned orders during their term of office, while the president, acting on his own initiative, can award the order,” explains Pavel Shrot.

He goes on to list examples: Prof. Zbigniew Religa - Orzeł Biały in 2008 when he was a member of the Polish Parliament, Prime Minister Jerzy Buzek - Orzeł Bialy in 2012 when he was a member of the European Parliament.

“I am giving the above explanations and I am waiting for the balanced views of those who will try to prove to me that I am wrong,” the presidential minister concludes his speech.

On the website of the Commonwealth, the situation was commented by prof. Ryszard Piotrowski from Warsaw University. He explains that the law distinguishes between two ways that can be used to award an order. So “at the request” and “at the initiative” of the president. He explains that the provision limiting the awarding of deputies with orders refers to the path “on the application”, and not “on the initiative” of the president. The expert adds that these are the powers of the head of state.

(source: Twitter, rp.pl)

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