“This is a matter that must be resolved by the Constitutional Tribunal within the framework of the independence of the courts and tribunals,” said Małgorzata Paprocka, a minister in the president’s chancellery, on Polsat News when asked who is currently the president of it’s the president. Constitutional Tribunal.
The only body that can nominate candidates for the presidency to the President is the General Assembly of Judges of the Constitutional Tribunal, and I think any step from outside this body would raise very serious doubts.
said Paprocka. Referring further to the dispute in the Constitutional Tribunal, she suggested that this was a problem to be resolved in the Constitutional Tribunal itself.
A few weeks ago we received a resolution from the judges of the Assembly, passed by a two-thirds majority, which clearly shows that there is no need to convene such an assembly and nominate candidates. Such correspondence is a fact, the adoption of such a resolution is a fact
she stressed
This is a matter within the Court. This famous statement by Mr. President, often quoted, about the need to “argue” the Tribunal, sounds trite, but there is a very serious reason behind it.
– she said.
“Constitutional Tribunal, but also the President, we act within the law
Paprocka was asked about the PiS project, where TK’s full jury judges from 11 to 9 people.
In fact, for many years the “full session” of the Tribunal was understood to mean nine judges (…). For the president, the most important thing is that the Constitutional Tribunal plays a key role in a democratic state and that these rulings are not questioned
she stressed.
Paprocka also commented on Sovereign Poland’s idea that the president should be a mediator between the quarreling judges of the Constitutional Tribunal.
I think it’s totally illegal in the first place. The Constitutional Tribunal, but also the President, we act within the law, everyone is responsible for how they carry out the tasks they have assumed, so the question is what such a mediation would look like if the legal framework on this point is very precise specified and clearly indicate the authority of the General Assembly alone
– she said.
tkwl/Polsat News
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Source: wPolityce