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The president has escaped accountability, and because of an internal dispute, the Constitutional Tribunal will not soon decide on the change of the Supreme Court, with opposition politicians contending that no money will come from the KPO. The president, who had constitutional doubts, took what he believed to be the best course, said KPRP minister Małgorzata Paprocka.

President Andrzej Duda announced on Friday that he is sending the amendment to the law on the Supreme Court to the Constitutional Tribunal for preventive review, meaning the law will not take effect until the Tribunal rules on its constitutionality. At the same time, the president urged the judges of the Constitutional Tribunal to expedite the examination of the amendment. The European Commission has made disbursement of funds from the National Reconstruction Plan to Poland conditional on changes to the disciplinary system of judges.

Politicians from various camps commented on the president’s decision on Sunday. Opposition representatives highlighted the current state of the Constitutional Court.

What will TK do?

Late last year, several lawyers, including former Constitutional Court judges, noted that the term of office for the Court’s president, Julia Przyłębska, would end after six years, on December 20, 2022, and that she would not stand for reelection. In early January, six Constitutional Court judges sent a letter to Przyłębska and the president, urging Przyłębska to convene the General Assembly of Judges to nominate candidates for the presidency. They argued that under the Law on the Organization and Procedure of the Constitutional Court, Przyłębska’s term as president had concluded. Przyłębska replied that the letter from the six judges had no legal basis and was without meaning, and that her presidency would end when her term as a judge ends, in December 2024.

Poland 2050’s Michał Kobosko told Polsat News that the amendment “won’t take effect” and that the current dynamics in the Constitutional Tribunal show it will not reach a decision, certainly not before the elections.

Władysław Teofil Bartoszewski, MP for the PSL-Polish coalition, believes the president faces a difficult situation and has determined that “the ruling camp will not be the one to decide this.”

This is a clash within the power blocs, and the president has taken a stand. He rejected the pressure—so, as Bartoszewski put it, the president turned the issue aside and left it to others.

The drama of Bartoszewski and Kierwiński

He also noted that the Constitutional Tribunal is split into two unequal sides, and there is no clear majority among the judges to reach a unanimous ruling on this political matter.

The issue is unlikely to be resolved within this term, which means Poland will not receive money for the KPO, a setback described as a disaster by many observers.

KO MP Marcin Kierwiński shared a similar view. “I do not think Poland will get funds from the KPO because I doubt that the milestones will be respected by PiS,” he stated. He added that the president had “hidden his head in the sand” and walked away from responsibility. According to Kierwiński, the Constitutional Tribunal will have to navigate divisions within the right-leaning camp in the parliamentary chamber and may attempt to persuade certain judges or pursue traditional routes with PiS proposing several alternatives to consider.

The best possible decision

Małgorzata Paprocka, Secretary of State at the President’s Chancellery, responded to the deputies. She noted that the president believed an agreement with the European Commission had been reached, yet harbored serious constitutional doubts about the bill. The constitution, she argued, grants the presidency broad authority as the guardian of the law. The president chose what he believed to be the best course for citizens and for the Polish judiciary, she asserted.

“knife war”

Left-leaning MP Adrian Zandberg argued that the president’s decision will delay Poland’s access to KPO funds for months. He pointed out that the Constitutional Tribunal is unlikely to issue a quick ruling on the Supreme Court changes, describing the situation as a “knife war” within the court. Zandberg criticized the decision as a political failure, noting that Poland has struggled for two years to resolve internal disagreements, and that the superveto approach sent to the Constitutional Tribunal will likely not yield a consensus on the bench.

“The Tribunal will make decisions in accordance with its jurisdiction and the law.”

Radosław Fogiel, PiS MP and head of the parliamentary foreign affairs committee, replied to the left-wing critique, saying that his party is doing everything possible to ensure the KPO funds reach Poland. He also admitted the hope that the amendment to the law on the Supreme Court would be referred to the Constitutional Tribunal for follow-up, i.e., after the president’s signature. He emphasized respect for how the constitution governs relations among institutions and noted that the Sejm acted, the president decided, and the Tribunal now bears responsibility to decide within its jurisdiction and in accordance with the law.

Confederation deputy Jakub Kulesza argued that taking the case to the Constitutional Tribunal would place the matter in the hands of Jarosław Kaczyński. He warned that a personal conflict within the Tribunal does not mean it will avoid addressing the issue if necessary.

READ ALSO:
– ONLY HERE. Prof. Grabowska: The president has made a prudent decision regarding the Supreme Court law. It does not close Poland’s path to KPO funds.
— Head of the KPRP: The president believes the Supreme Court law was not a sound legal act from the start, a frank assessment.

I have/PAP

Source: wPolityce