President Andrzej Duda submitted an application to the Constitutional Tribunal regarding the amendment of the Supreme Court law, Małgorzata Paprocka, the minister of the KPRP, told PAP. The recently passed amendment aims to complete a “milestone” regarding the judiciary related to KPO.
The amendment to the Supreme Court law, the draft of which was tabled by PiS deputies in December, aims to complete a major “milestone” for the European Commission to free up funds for the national reconstruction plan. It states, among other things, that disciplinary and immunity cases of judges should be settled by the Supreme Administrative Court, and not – as is currently the case – by the Professional Liability Chamber of the Supreme Court. The amendment also provides for fundamental changes with regard to the so-called review of judicial independence and impartiality.
The president wants to make sure
The Sejm passed an amendment to the law on the Supreme Court on January 13 this year. At the end of January, the Senate introduced 14 amendments, which the Sejm rejected. Then the amendment went to the office of President Andrzej Duda. On 10 February, the president announced that he had decided to submit the amendment to the Constitutional Tribunal under the preventive scrutiny procedure. At the same time, he appealed to the judges of the Constitutional Court to deal with the case immediately.
As the president noted at the time, the provisions of the amendment to the Supreme Court law “refer to fundamental systemic issues, including the stability of the judiciary and the rulings it has made over a number of years, and therefore issues of great importance to citizens .”
Therefore, the Constitutional Tribunal must resolve all doubts unequivocally, as the only body competent to do so
– said Andrzej Duda.
The application to the Constitutional Tribunal will not delay the payment of funds from the KPO
He considered that in practice this would not delay the disbursement of funds from the FPA for Poland, as further measures and decisions are needed, including further legal acts, which are set out in the agreement the government has signed with the European Commission – which takes time anyway.
On Tuesday, Małgorzata Paprocka, the minister in the president’s chancellery, announced that the president’s application had been submitted to the Constitutional Tribunal.
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Source: wPolityce