Question 1:
One way to understand it to rely on the principle of relativity stating that the physics is the same in all inertial frames of reference (galilean frames of reference). In particular, any frame moving at constant velocity with respect to a known inertial frame is inertial too.
In the case of a particle moving at constant velocity in an internal frame (like a laboratory for instance), it does indeed create both an electric field and a magnetic field. However, if we consider an observer moving at the same constant velocity as the charged particle, the latter will be at rest with respect to this frame and there won't be any magnetic field anymore, just an electrostatic field. Since there exists a frame in which no EMW exist, it has to be true in all inertial frames as well.
Question 2:
The previous argument breaks down if the charged particle is seen to be accelerated from an inertial frame of reference since accelerated frames are not inertial and not subject to any simple (i.e. not requiring general relativity) formulation of the principle of relativity. So from that only we can conclude that emitting EMW is possible for an accelerated charged particle. To see that it is inevitable is more involved but basically it has to do with the fact that if a charge is accelerated then, in all inertial frames there is a varying electric field that is generated and such a field generates in turn a varying magnetic field which in turns generates a varying electric field and so on and so forth thus enabling actual propagation of an EMW.