I call on Justice Minister Zbigniew Ziobro not to vote like PO chairman Donald Tusk, that would be a bit strange, Prime Minister Mateusz Morawiecki said on Wednesday.
On Thursday, PiS MPs submitted to the Sejm a draft amendment to the law on reducing the full composition of the Constitutional Tribunal; it is about reducing the minimum number of judges of the General Assembly and the full composition of the Constitutional Tribunal to nine judges. The amended provisions apply to proceedings initiated and not completed before the date of entry into force of the amendment. A dispute has been raging in the Constitutional Tribunal for months over the term of office of Julia Przyłębska as President of the Constitutional Tribunal, which has prevented the Tribunal from convening in full recently.
At a press conference in Poznań, the head of government was questioned on Wednesday about relations between PiS and Sovereign Poland in the context of this project.
The prime minister stressed that he wanted “institutions of the Polish state to function normally”.
When it comes to the fact that some judges do not take up their duties, we as rulers try to propose solutions that can lead to the Constitutional Tribunal being able to function again as an institution
he pointed it out.
The head of government pointed out that the draft was an amendment to the number of members of the Constitutional Court authorized to take decisions in full and that it was a return to the provisions that were previously in force.
In the times of the rule of PO, PSL, previously PiS and SLD, this is therefore nothing new. This is not a record to cause concern
he assured.
And this is necessary for the Tribunal to rule on a fundamental issue that interests all Poles. President Julia Przyłębska – as far as I know – is doing everything possible to issue this verdict. I don’t know how it will be, but I would like some to come in because it is simply necessary, hence our proposal
said the prime minister.
The head of government was also asked if he counted on the support of Sovereign Poland, eg for this project.
In general, of course, I appeal to the Minister (Justice, SP chairman Zbigniew) Ziobro not to vote like the chairman (PO Donald) Tusk. That would be a bit weird
said Morawiecki.
Inclusion of Gasiuk-Pihowicz MPs
He also referred to the Sejm’s Tuesday session, in which there was a failed attempt to fire members of the Judiciary Commission from Sovereign Poland. The Sejm did not support the motion to change the composition of some Sejm commissions for the dismissal of four deputies of Sovereign Poland from the justice commission and the election of four PiS deputies in their place. The motion was supported by 214 MPs, 216 opposed and 7 abstained.
Admittedly, yesterday we already saw the joy of the Member of Parliament (KO Kamila) Gasiuk-Pihowicz with the Members of Parliament of Sovereign Poland; we were a bit surprised by PiS. I hope this alliance is not continued in any way
he said.
In a situation where there is an impasse, it is of course normal that we try to find a solution to the situation and propose a new procedure that – in this case – allows for a verdict
added the Prime Minister.
The date of the hearing of the Constitutional Court on the amendment of the law on the Supreme Court
The Constitutional Court has set the date of the hearing on the amendment of the Supreme Court law for May 30. The President’s request in this case, submitted under the preventive scrutiny procedure, will be considered by the Full Court Tribunal, chaired by President Julia Przyłębska. At present, an assembly of at least 11 judges of the Constitutional Court is required to hold a full court hearing. However, a dispute has been going on for months in the Constitutional Tribunal over the term of office of Julia Przyłębska as President of the Constitutional Tribunal, which has prevented the Tribunal from convening in full recently.
The draft amendment to the Law on the Organization and Procedure of the Constitutional Court, submitted by PiS, aims – as indicated in the explanatory memorandum – to streamline the functioning of the Tribunal by reducing the minimum size of the General Assembly from 2/3 of the number of judges of the Tribunal (i.e. 10 judges) to nine and the full composition of the Tribunal from 11 to nine judges.
The ongoing dispute at the Constitutional Court is related to the fact that according to some lawyers, including former and current judges of the Constitutional Court, Przyłębska’s term of office as President of the Constitutional Court expired after six years, i.e. on December 20, 2022, and at the same time she no possibility to reapply for this position. According to Przyłębska herself, as well as Prime Minister Mateusz Morawiecki and some experts, her term of office will expire in December 2024 – with the end of Przyłębska’s term as judge of the Constitutional Tribunal.
In early January, six judges of the Constitutional Tribunal, including Vice President Mariusz Muszyński, sent a letter to Julia Przyłębska and the President demanding that she convene the General Assembly of Judges of the Constitutional Tribunal and select candidates from among them the President appoint a new president.
At the beginning of March, the press service of the Constitutional Tribunal reported that President Przyłębska had convened the General Assembly of Tribunal judges, which “passed by an absolute majority, in the presence of two-thirds of the Tribunal judges, a resolution stating that there was no reason to convene a meeting to select candidates for president of the tribunal.”
At the beginning of April, the Constitutional Tribunal received a letter from five judges of the Constitutional Tribunal in which they indicated their willingness to proceed with the president’s motion on the Supreme Court Act, but indicated in the letter that all actions of Przyłębska, attributed to the President of the Constitutional Tribunal, are ineffective and contrary to applicable law. Five judges also called for the convening of the General Assembly of the Constitutional Court and the election of a new president. Referring to this letter, Judge Jarosław Wyrembak of the Constitutional Tribunal stated that it is part of a series of actions that seriously threaten Poland’s raison d’être.
tkwl/PAP
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Source: wPolityce