delphiandomine
9 Dec 2015
News / Throwing away the constitution in Poland? [626]
You're not seriously comparing the PRL to the modern day, are you?
You're not seriously comparing the PRL to the modern day, are you?
delphiandomine
9 Dec 2015
News / Throwing away the constitution in Poland? [626]
Remember that Lech Kaczyński defended the TK, even if he didn't agree with it. What's changed?
From what I remember, it struck down the vetting law because it was clearly unconstitutional and not for any other reason.
What would you replace the Constitutional Tribunal with, out of curiosity?
Says the American that bases his legal arguments on American common law rather than Polish civil law.
Remember that Lech Kaczyński defended the TK, even if he didn't agree with it. What's changed?
From what I remember, it struck down the vetting law because it was clearly unconstitutional and not for any other reason.
What would you replace the Constitutional Tribunal with, out of curiosity?
Simply delusional.
Says the American that bases his legal arguments on American common law rather than Polish civil law.
delphiandomine
9 Dec 2015
News / Throwing away the constitution in Poland? [626]
Entirely incorrect. It has only happened once, and that was during an effective period of dictatorship in 1935. The 1791 Constitution was legal. More to the point - just because something happened in the past doesn't mean that it should happen again.
You're clearly not very well educated on Polish affairs, because President Wałęsa has a terrible relationship with Jarosław Kaczyński to put it mildly. There is absolutely no way that he would transfer any "power" to Duda, nor does he have any power to give. In Polish constitutional theory, Wałęsa derived legitimacy from the 1989 amendments, not the 1935 Constitution. He may have received the symbolic symbols from the last President-in-Exile, but in Polish law, this act had no legal basis - it was merely an act to show the people that the PRL was well and truly dead.
You haven't got a clue. The Constitution makes it clear that the final decisions regarding constitutional issues reside with the Constitutional Tribunal, which is appointed by the Sejm on behalf of the people. Don't try and cherry pick - the articles are there in black and white, and anyone arguing otherwise clearly has an agenda. It is unprecedented for anyone to argue with the decisions of the Constitutional Tribunal, and even Lech Kaczyński was open about the need to respect the Tribunal even if you didn't agree with it.
Duda did not execute such a thing, because the concept doesn't exist in Polish law. Stop applying American concepts to Polish law - we have a completely different legal system to your American system. Duda has now been ordered twice to receive the oaths by the legally appointed judges - and he has only partially fulfilled the order. Therefore, he is breaking the Constitution. Remember, in Poland, the President (and in fact, everyone) is obliged to follow the rulings of the Constitutional Tribunal - which is why PiS are hell bent on trying to destroy the institution because it stands between them and absolute power.
At what point is a prior constitution still valid when it lacks popular support?
Entirely incorrect. It has only happened once, and that was during an effective period of dictatorship in 1935. The 1791 Constitution was legal. More to the point - just because something happened in the past doesn't mean that it should happen again.
Under the pre-war Polish constitution, as far as I know, Lech Wałęsa is still the president (unless he transferred the powers given to him to someone else.)
You're clearly not very well educated on Polish affairs, because President Wałęsa has a terrible relationship with Jarosław Kaczyński to put it mildly. There is absolutely no way that he would transfer any "power" to Duda, nor does he have any power to give. In Polish constitutional theory, Wałęsa derived legitimacy from the 1989 amendments, not the 1935 Constitution. He may have received the symbolic symbols from the last President-in-Exile, but in Polish law, this act had no legal basis - it was merely an act to show the people that the PRL was well and truly dead.
The latest constitution makes clear that ultimate sovereignty rests in the Polish nation as expressed in its elected representatives, and it embraces the doctrine of balance of powers.
You haven't got a clue. The Constitution makes it clear that the final decisions regarding constitutional issues reside with the Constitutional Tribunal, which is appointed by the Sejm on behalf of the people. Don't try and cherry pick - the articles are there in black and white, and anyone arguing otherwise clearly has an agenda. It is unprecedented for anyone to argue with the decisions of the Constitutional Tribunal, and even Lech Kaczyński was open about the need to respect the Tribunal even if you didn't agree with it.
Duda executed what is known as "pocket veto" by refusing to give his consent to the undemocratic lame duck appointments, which were considered partially improper by the TK.
Duda did not execute such a thing, because the concept doesn't exist in Polish law. Stop applying American concepts to Polish law - we have a completely different legal system to your American system. Duda has now been ordered twice to receive the oaths by the legally appointed judges - and he has only partially fulfilled the order. Therefore, he is breaking the Constitution. Remember, in Poland, the President (and in fact, everyone) is obliged to follow the rulings of the Constitutional Tribunal - which is why PiS are hell bent on trying to destroy the institution because it stands between them and absolute power.
delphiandomine
9 Dec 2015
News / Throwing away the constitution in Poland? [626]
Your reality can only end in tears. Do you honestly think PiS are going to be allowed to ignore the Constitution?
Your reality can only end in tears. Do you honestly think PiS are going to be allowed to ignore the Constitution?
delphiandomine
9 Dec 2015
News / Throwing away the constitution in Poland? [626]
There are no other choices but to comply with the ruling.
Your hatred towards Poland is verging on the pathological.
There are three choices:
There are no other choices but to comply with the ruling.
Your hatred towards Poland is verging on the pathological.
delphiandomine
9 Dec 2015
News / Throwing away the constitution in Poland? [626]
Today's judgement :
1. The court acknowledges and confirms the ruling from the 3rd of December in relation to the judges deemed to have been legally elected.
2. The term of the President of the Constitutional Tribunal cannot be shortened as this would be applying the law retrospectively and threatens judicial independence. Future terms can be shortened.
3. The President of the Constitutional Tribunal cannot be re-elected.
4. Elected judges are to be sworn in immediately and without delay. There is no basis in law for a 30 day waiting period, and as such, Duda was obliged to swear in the judges immediately after their election in the Sejm.
5. Judges elected by the Sejm begin their term immediately regardless of whether they have given the oath to the President or not. However, they cannot rule in cases.
It's now also clear that the full Constitutional Tribunal cannot rule until this situation has been resolved.
==
Comment : Duda is now in a terrible mess. Despite Ironside's claims, the Tribunal must be complied with - there is no possibility of simply ignoring judgements that you don't agree with. If PiS don't do the right thing now, the pressure will only increase (especially on Duda) - and we will have political paralysis - which will only end in misery for PiS.
Today's judgement :
1. The court acknowledges and confirms the ruling from the 3rd of December in relation to the judges deemed to have been legally elected.
2. The term of the President of the Constitutional Tribunal cannot be shortened as this would be applying the law retrospectively and threatens judicial independence. Future terms can be shortened.
3. The President of the Constitutional Tribunal cannot be re-elected.
4. Elected judges are to be sworn in immediately and without delay. There is no basis in law for a 30 day waiting period, and as such, Duda was obliged to swear in the judges immediately after their election in the Sejm.
5. Judges elected by the Sejm begin their term immediately regardless of whether they have given the oath to the President or not. However, they cannot rule in cases.
It's now also clear that the full Constitutional Tribunal cannot rule until this situation has been resolved.
==
Comment : Duda is now in a terrible mess. Despite Ironside's claims, the Tribunal must be complied with - there is no possibility of simply ignoring judgements that you don't agree with. If PiS don't do the right thing now, the pressure will only increase (especially on Duda) - and we will have political paralysis - which will only end in misery for PiS.
delphiandomine
8 Dec 2015
News / Throwing away the constitution in Poland? [626]
Optimistic, aren't you?
and fact is that PiS have four years before another election.
Optimistic, aren't you?
delphiandomine
8 Dec 2015
Law / UK driving license mess in Poland [72]
Must admit, never really thought about it very much.
Interestingly, I notice Polish drivers do get much better as soon as they cross the border into Germany or the Czech Republic, myself included ;)
Must admit, never really thought about it very much.
Interestingly, I notice Polish drivers do get much better as soon as they cross the border into Germany or the Czech Republic, myself included ;)
delphiandomine
8 Dec 2015
News / Should Poland exit the EU immediately? [377]
Not really. Most countries know that leaving a huge trading bloc to go it alone would be suicide.
If you know anything about Hungarian politics, you'll notice that despite holding a clear supermajority in the National Assembly, Orban never considered leaving the EU.
Not really. Most countries know that leaving a huge trading bloc to go it alone would be suicide.
If you know anything about Hungarian politics, you'll notice that despite holding a clear supermajority in the National Assembly, Orban never considered leaving the EU.
delphiandomine
8 Dec 2015
News / Throwing away the constitution in Poland? [626]
Poor Duda, poor government. They abused and insulted PO for 8 years, and now the tables have been turned, they can't handle one single protest movement.
And he is also being badmouthed by Michnik and Lis, Schetyna and Miller...
Poor Duda, poor government. They abused and insulted PO for 8 years, and now the tables have been turned, they can't handle one single protest movement.
delphiandomine
8 Dec 2015
Law / Where can I check in Poland my company formation status and tax number NIP and REGON? [95]
Well, the first warning sign - the address is in a residential street in Warsaw and from Street View, it doesn't seem like a serious business address for a company that's selling products.
The second warning sign - they're advertising that they can sell alcohol. That seems...wrong.
Could you not use some sort of cash on delivery type service? It's very common in Poland for couriers to collect money when they arrive with the goods, but I'm not sure if it's possible internationally. If not, then I suggest the use of some sort of escrow service.
If you want, feel free to PM me with the price per unit and I'll let you know if it's a realistic price or not.
1. The company - is it real, is there a serious person managing it, the products that I want to import, are they for real?
Well, the first warning sign - the address is in a residential street in Warsaw and from Street View, it doesn't seem like a serious business address for a company that's selling products.
The second warning sign - they're advertising that they can sell alcohol. That seems...wrong.
Could you not use some sort of cash on delivery type service? It's very common in Poland for couriers to collect money when they arrive with the goods, but I'm not sure if it's possible internationally. If not, then I suggest the use of some sort of escrow service.
If you want, feel free to PM me with the price per unit and I'll let you know if it's a realistic price or not.
delphiandomine
8 Dec 2015
Law / Where can I check in Poland my company formation status and tax number NIP and REGON? [95]
It's certainly a scam. If you look here - sesapolska.com/contact - they don't have any of the relevant company information there. Steer clear - if you want, I can explain more about how to check these things, but it looks like a typical scammer.
It's certainly a scam. If you look here - sesapolska.com/contact - they don't have any of the relevant company information there. Steer clear - if you want, I can explain more about how to check these things, but it looks like a typical scammer.
delphiandomine
8 Dec 2015
News / Throwing away the constitution in Poland? [626]
Your definition of an enemy is very strange, given that I merely wish for the Constitution to be respected and not ignored by a bunch of arrogant ex-PRL elites.
Why is everyone opposed to PiS "clueless" or "biased" in your eyes?
Don't worry Ironside. When the time comes, we'll take back power, and we'll even forgive you.
Alas you are enemy of independent Poland.
Your definition of an enemy is very strange, given that I merely wish for the Constitution to be respected and not ignored by a bunch of arrogant ex-PRL elites.
I would even go that far as to say to you are either clueless or biased.
Why is everyone opposed to PiS "clueless" or "biased" in your eyes?
Don't worry Ironside. When the time comes, we'll take back power, and we'll even forgive you.
delphiandomine
8 Dec 2015
News / Throwing away the constitution in Poland? [626]
The only enemy is you, given that you've repeatedly expressed the desire to murder people for their views.
You got it! ? Go mingle and demonstrate, as a prefect prove who is in fact an enemy of this country.
The only enemy is you, given that you've repeatedly expressed the desire to murder people for their views.
delphiandomine
8 Dec 2015
News / Throwing away the constitution in Poland? [626]
You don't even live in Poland, so your threats are laughable.
Obviously not, given that you're happy to live outside Poland. Seems to me as if you're the worst sort of patriot - you shout online about everything, but you don't do a damned thing.
If PiS is gone then it will be our turn and this time it won't be ballot and bill but more direct means.
You don't even live in Poland, so your threats are laughable.
Question is do I want to do anything about it? now.:)
Obviously not, given that you're happy to live outside Poland. Seems to me as if you're the worst sort of patriot - you shout online about everything, but you don't do a damned thing.
delphiandomine
8 Dec 2015
Law / Where can I check in Poland my company formation status and tax number NIP and REGON? [95]
What do you wish to purchase from the company?
What do you wish to purchase from the company?
delphiandomine
8 Dec 2015
News / Throwing away the constitution in Poland? [626]
I love the fact that there's absolutely nothing you can do about it.
Just wait, Ironside. We're not going to lose this ;)
Said a foreign thug aiming to protest against legitimate government.
I love the fact that there's absolutely nothing you can do about it.
Establishment's last stand - good their are digging their own grave.
Just wait, Ironside. We're not going to lose this ;)
delphiandomine
8 Dec 2015
News / Throwing away the constitution in Poland? [626]
They certainly are, which is excellent news. The sight of pro-government thugs on the streets is exactly what we want right now.
There's already a petition for him to be fired from UJ, and the legal profession in general seems to be very upset with him.
I was just about to ask whether the nationalist scum would be stupid enough to do that, then I realised that they most certainly will be stupid enough to do that.
They certainly are, which is excellent news. The sight of pro-government thugs on the streets is exactly what we want right now.
You heard any talk that there's already been an motion made to have him thrown out of the bar association?
There's already a petition for him to be fired from UJ, and the legal profession in general seems to be very upset with him.
delphiandomine
8 Dec 2015
Law / UK driving license mess in Poland [72]
Unless you're a Polish citizen or permanent resident, you will still be fined on the spot - the possibility of "paying later" doesn't apply for temporary residents.
Unless you're a Polish citizen or permanent resident, you will still be fined on the spot - the possibility of "paying later" doesn't apply for temporary residents.
delphiandomine
8 Dec 2015
News / Throwing away the constitution in Poland? [626]
They're absolutely terrified. It's obvious that they're trying to pretend as if these protests aren't happening, but if (as expected) - the nationalists turn up on Saturday and start trouble outside the TK, then numbers are only going to swell further. The PiS media is full of constant slurs and smears towards the opposition, and they're doing a fantastic job of getting the middle classes against them.
Either that, or Duda will break under the strain of realising that prison awaits.
If you know anything about the political landscape here you'd know that PiS are pretty much Pi$sing their pants already.
They're absolutely terrified. It's obvious that they're trying to pretend as if these protests aren't happening, but if (as expected) - the nationalists turn up on Saturday and start trouble outside the TK, then numbers are only going to swell further. The PiS media is full of constant slurs and smears towards the opposition, and they're doing a fantastic job of getting the middle classes against them.
give it a year, maybe 18months, some typical PiS scandal will hit, a snap election will be called and PiS will return to the shadows where they love to lurk and carry out their corrupt ways.
Either that, or Duda will break under the strain of realising that prison awaits.
delphiandomine
8 Dec 2015
News / Throwing away the constitution in Poland? [626]
Like most of the PiS supporters, the fear is evident.
Platformers?
Polonius, here's a clue : this is not about PO. This is about the people, and they're mad.
Even 44 protests won't make a damn bit of difference.
Like most of the PiS supporters, the fear is evident.
The frustrated albeit impotent Platformers can rant, rave and fume to their heart's content whilst PiS just thumb their nose at them and laugh out loud!!!
Platformers?
Polonius, here's a clue : this is not about PO. This is about the people, and they're mad.
delphiandomine
8 Dec 2015
News / Throwing away the constitution in Poland? [626]
What started off as a single protest in Warsaw has now become four protests this weekend, with three of them at exactly the same time.
What started off as a single protest in Warsaw has now become four protests this weekend, with three of them at exactly the same time.
delphiandomine
8 Dec 2015
Law / UK driving license mess in Poland [72]
One thing - if the photocard has expired, then it's not valid. It doesn't matter if you have the entitlement to drive until x date - the photocard itself must be valid. Ignore what the DVLA say, they're a bunch of useless clowns and know nothing.
You'd be almost certainly done for driving without a licence.
No, you exchange it for a Polish one and the GB one is posted back to Swansea by the Polish issuing office.
But what's wrong with exchanging it for a Polish licence anyway? An EU licence is an EU licence with exactly the same validity and so on.
By the way, there's no way a UK car hire firm is going to hire a car to you with an expired photocard.
One thing - if the photocard has expired, then it's not valid. It doesn't matter if you have the entitlement to drive until x date - the photocard itself must be valid. Ignore what the DVLA say, they're a bunch of useless clowns and know nothing.
In this situation, maybe it wouldn't hurt to always carry a copy of the paper part..
You'd be almost certainly done for driving without a licence.
One final note - if I do get a Polish license, surely I can still keep my UK license?
No, you exchange it for a Polish one and the GB one is posted back to Swansea by the Polish issuing office.
But what's wrong with exchanging it for a Polish licence anyway? An EU licence is an EU licence with exactly the same validity and so on.
By the way, there's no way a UK car hire firm is going to hire a car to you with an expired photocard.
delphiandomine
8 Dec 2015
News / Throwing away the constitution in Poland? [626]
They like the law, but only if they make the law and judge the law.
Fortunately, the protests are growing in number.
They like the law, but only if they make the law and judge the law.
Fortunately, the protests are growing in number.
delphiandomine
8 Dec 2015
News / Should Poland exit the EU immediately? [377]
It's meaningless. The last credible poll suggested a majority wanted to stay.
It's meaningless. The last credible poll suggested a majority wanted to stay.
delphiandomine
7 Dec 2015
News / Throwing away the constitution in Poland? [626]
It's nothing unusual - it's from a website controlled by PiS after all. They tend to produce the same kind of rubbish as you can find on the average far-left teenage idiot website.
It's nothing unusual - it's from a website controlled by PiS after all. They tend to produce the same kind of rubbish as you can find on the average far-left teenage idiot website.
delphiandomine
7 Dec 2015
News / Poland's post-election political scene [4080]
Any idea what's going on with the SLD recently? I haven't read a thing about them, and even friends involved with politics say that they've gone very very quiet.
It's a long way away, but I wonder if the 2019 election won't be some sort of PO/Nowoczesna vs PiS/Kukiz battleground with two large and formal coalitions, like in Croatian politics.
The latest averaged support levels according to polsters: Milward Brown, Ibris and Estymator:
Any idea what's going on with the SLD recently? I haven't read a thing about them, and even friends involved with politics say that they've gone very very quiet.
It's a long way away, but I wonder if the 2019 election won't be some sort of PO/Nowoczesna vs PiS/Kukiz battleground with two large and formal coalitions, like in Croatian politics.
delphiandomine
7 Dec 2015
News / Throwing away the constitution in Poland? [626]
Bwahahaha, did anyone actually read this? The amount of nonsense there is quite spectacular.
Polonius, you must admit, as a work of fiction, it's fantastic :D
currenteventspoland.com/analysis/What-is-really-happening-in-Poland-today.html
Bwahahaha, did anyone actually read this? The amount of nonsense there is quite spectacular.
Polonius, you must admit, as a work of fiction, it's fantastic :D
delphiandomine
7 Dec 2015
News / Throwing away the constitution in Poland? [626]
Two things : a public nursery place for every child from 3-6 i(and even better, from 1-6) and 6000zł tax credits for every child. But tax credits in the sense of "extra tax free amount" as opposed to physical cash. Both measures would heavily encourage people into having children, as they would know that child care is provided and that they'll receive up to 6000zł extra cash a year in their pocket in exchange for their hard work. I would also introduce the concept of nurseries being open from 6am to 10pm in order to cater for the demands of modern life.
Both of these would do wonders for the demographics, as people would know that their child care is covered and that their hard work would also be rewarded.
Got some miraculous cure for the demographic crisis? By all means do let us know. If the 500 zł thing is ridiculous, then please us what will do the trick.
Two things : a public nursery place for every child from 3-6 i(and even better, from 1-6) and 6000zł tax credits for every child. But tax credits in the sense of "extra tax free amount" as opposed to physical cash. Both measures would heavily encourage people into having children, as they would know that child care is provided and that they'll receive up to 6000zł extra cash a year in their pocket in exchange for their hard work. I would also introduce the concept of nurseries being open from 6am to 10pm in order to cater for the demands of modern life.
Both of these would do wonders for the demographics, as people would know that their child care is covered and that their hard work would also be rewarded.
delphiandomine
7 Dec 2015
News / Throwing away the constitution in Poland? [626]
So, we now see that Duda really has shown himself to be Kaczyński's puppet and not the "President of all Poles" as he claimed.
Indeed. Duda might even manage to break Lech's low approval rating record.
However, what gets me is that PiS have gone back to their old childish ways. By refusing to publish the decision of the Constitutional Tribunal, they're deliberately creating conflicts - and voters aren't stupid. Duda's approval ratings have gone down considerably in the space of a month, and over half of Poles believe that Duda does what he's told by Kaczyński. What a mess.
Still, the good thing is that people like Greggy (and PiS in general) believe that the protests aren't worth worrying about. That's good, because it gives us more time to organise ourselves properly.
So, we now see that Duda really has shown himself to be Kaczyński's puppet and not the "President of all Poles" as he claimed.
Having a politician with a trust rating in the high 30's completely under the thumb of one with a trust ranking in the low 20's is not a recipe for success.
Indeed. Duda might even manage to break Lech's low approval rating record.
However, what gets me is that PiS have gone back to their old childish ways. By refusing to publish the decision of the Constitutional Tribunal, they're deliberately creating conflicts - and voters aren't stupid. Duda's approval ratings have gone down considerably in the space of a month, and over half of Poles believe that Duda does what he's told by Kaczyński. What a mess.
Still, the good thing is that people like Greggy (and PiS in general) believe that the protests aren't worth worrying about. That's good, because it gives us more time to organise ourselves properly.