In December, Zbigniew Ziobro not only obtained international protection and political asylum in Hungary in connection with violations of rights and freedoms on Polish territory guaranteed by international law.
Additionally, the Hungarian weekly HGV reported that the Act on criminal cooperation with EU member states has been amended in Hungary. What does this mean in practice? Dr. György Kecser, a Hungarian lawyer, explains this especially for Business Insider Polska. He also talks about how the April parliamentary elections may affect the fate of PiS politicians. The new regulations also apply to Marcin Romanowski, former deputy minister of justice.
One thing is certain. The amendment to Hungarian law prevents the extradition to Poland of PiS politicians who have obtained asylum. This is a political decision that will not be easy to reverse, even after the opposition Tisza party wins the elections. Here's why.
See also: This is the first such case in Poland. There is a court decision in the Zbigniew Ziobro case
Lex Ziobro is more than just an asylum
— The Act on criminal cooperation with the Member States of the European Union aims to enable the Member States of the European Union to cooperate appropriately with each other when one Member State requests another Member State to extradite a person under investigation. Pursuant to the Act, EU Member States are obliged to extradite such persons from each other, unless there are grounds for refusal, explains the lawyer.
He explains that There are two groups of grounds for refusal. One group covers the grounds on which a Hungarian court may refuse extradition. The second group includes the grounds on which the court is obliged to refuse extradition.
And he adds that the amendment to the Act narrows the scope of cooperation by adding a new basis for refusal.
— On its basis, the court is obliged to refuse to extradite the person concerned in the proceedings to another Member State. In the event of a new basis for refusal introduced by the amendment to the law, the Hungarian court is obliged to refuse extradition, and the judge cannot make any other decision – explains lawyer György Kecser.
This is still a long way in the future. As long as there is no decision of the Polish court on provisional arrest, the prosecutor's office cannot issue an arrest warrant for Zbigniew Ziobro or apply to the court for a European Arrest Warrant. And it is only the EAW that triggers the procedure for Ziobro's extradition.
Changing the law is a political decision
Nevertheless, the question arises whether the change in Hungarian law was necessary? According to the Hungarian lawyer, introducing the change is a political, not legal, issue.
— If the Hungarian government wanted Hungarian courts to refuse extradition in the case of a request submitted by Poland, a change in the law was needed because courts must make decisions based on the law, he explains. attorney György Kecser.
Under asylum rules, if an asylum seeker's country of origin is on the list of safe countries of origin – which includes European Union member states – the refugee claimant must prove that his or her country of origin is not a safe country.
Therefore, the recognition of a citizen of another EU Member State as a refugee by an EU Member State is considered exceptional because it means that the EU country concerned is not considered safe.
— To determine whether a country is considered a safe country, a ministerial decision is necessary, explains the lawyer.
Of course, it can be assumed that during Viktor Orbán's government, the Hungarian Minister of Justice would not have agreed to extradite Zbigniew Ziobro. However, changing the law gives 100 percent. certainty that Polish politicians are not at risk of extradition to Poland.
The amendment also benefits Marcin Romanowski, former deputy minister of justice. You could say that it guarantees them peace of mind. It may be disturbed by the election results, but there is no certainty.
Ziobro's fate partly rests in the hands of Hungarian voters
April 12 this year Parliamentary elections will be held in Hungary. In recent months, opinion polls and opinion polls have given the Hungarian opposition, the Tisza party, a chance of victory.
Its leader Peter Magyar may become prime minister and end the 16-year rule of Viktor Orbán. After the change of government, will it be easy to remove the provision passed for Zbigniew Ziobro, but also for Michał Romanowski?
– WITHchanging the law requires a qualified majority, and two-thirds of the members of parliament present must vote for the change. This means that if a new government comes to power after the April elections in Hungary, the law can only be changed if a qualified majority of votes is obtained in the Hungarian parliament, explains the lawyer.
However, György Kecser draws attention to another problem.
— Refugee status was granted by the current minister. The question is whether the potential minister of the new government will withdraw it, a Hungarian lawyer wonders.
It's hard to answer this question at this point. It is worth remembering that granting asylum itself, especially for political reasons motivated by unconstitutional actions in Poland, may still constitute a basis for not extraditing the wanted person.
As a result, a positive asylum application makes it very difficult for Hungary to execute the European arrest warrant, even after a change of government. For now, however, neither Ziobro nor Romanowski is concerned by the EAW.
