I have no doubt who the President of the Constitutional Court is; I am writing to the President of the Constitutional Court, Julia Przyłębska, said the head of the Ministry of Justice and Prosecutor General Zbigniew Ziobro. He added that insinuations suggesting he has anything to do with the dispute at the Constitutional Tribunal are baseless.
During Wednesday’s press conference, Ziobro was questioned about the situation at the Constitutional Tribunal. For several months now, a dispute has been going on in the Constitutional Tribunal over the term of office of Julia Przyłębska as President of the Tribunal, which has prevented the Tribunal from meeting fully recently. Currently, the full composition of the Constitutional Court consists of at least 11 of the Court’s 15 judges.
On Tuesday, the full session of the Constitutional Tribunal had to deal with the power dispute between the president and the Supreme Court over the right to a pardon. Of the 15 judges of the Constitutional Court, 10 came to the courtroom, the hearing did not take place and on Wednesday the new date was set for May 31.
Ziobro said he would be “satisfied if the Constitutional Tribunal in its current composition could rule on matters reaching it”.
As Attorney General, I am sending more letters and motions, hoping that this will happen
– added.
“The Minister of Justice is not subject to the Constitutional Court.”
The Minister of Justice is not subordinate to the Constitutional Court. The paradox of the Polish Constitution stipulates that certain supervisory powers in the administrative dimension in relation to the Constitutional Tribunal are vested in the Polish President
Ziobro also made reservations.
He pointed out that as head of the Ministry of Justice, he “has certain supervisory and administrative powers in relation to ordinary courts, but not in relation to the Supreme Court or the Constitutional Court”.
It is not I who appoints the President of the Supreme Court or the President of the Constitutional Court from among the indicated candidates. You have to remember that. It’s not my role. I dare not infringe on the powers of bodies and persons that exceed my powers as Minister of Justice
Ziobro said.
I can only hope that such an agreement will be possible. Disputes also arise in bodies such as the Constitutional Tribunal and I trust that this will be resolved quickly
Ziobro said.
At the same time, the minister assured that as to his position on the whole matter, it “leaves no doubt”.
I am writing to the President of the Constitutional Court, Julia Przyłębska
he pointed it out.
Therefore, any insinuations suggesting that the Minister of Justice has anything to do with the ongoing dispute before the Constitutional Court are completely unfounded. This is reflected in my clear position – I am submitting pleas to the Constitutional Court and I have no doubt who the president of the Constitutional Court is. In my legal opinion, I address them to the President of the Tribunal, Julia Przyłębska, until the full panel of the Tribunal decides otherwise, or until the President of the Tribunal takes a position on the matter.
stressed Ziobro.
He therefore asked journalists not to “reproduce false information”.
Judges are, in a way that violates the seriousness of their office, put into some political option, or defined as people influenced by Zbigniew Ziobro. I don’t have much influence
said the head of MS.
“Prime Minister voted as Donald Tusk wanted”
Minister Ziobro also referred to Prime Minister Morawiecki’s call not to vote for the Constitutional Tribunal like Donald Tusk, as well as the comment about the conversation between Sovereign Poland MPs and KO MP Kamila Gasiuk-Pihowicz.
The Prime Minister voted as Donald Tusk wanted Fit photo 55, we protested. The Prime Minister and colleagues from PiS also supported the KPO law. Sovereign Poland opposed. (…) I believe there are different drivers and differences to be seen. We sometimes differ from our PiS colleagues in fundamental European matters, but we also have a lot in common
he said Zbigniew Ziobro.
I would try to focus and focus on what connects us. At the exit of the Seym, representatives of all parliamentary clubs pass by and sometimes even share meanness among themselves. Drawing conclusions about cooperation from this is beyond the imagination of the prime minister
– added.
Dispute in TK
The dispute before 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 can not reapply for the 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.
Last week a PiS draft was submitted to the Sejm tasked – as stated in the explanatory memorandum – with streamlining the operation 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 9 and the full composition of the Tribunal from 11 to 9 judges. The amended provisions apply to proceedings initiated and not completed before the date of entry into force of the amendment. The parliamentary committee will deal with it next week, according to preliminary announcements.
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Source: wPolityce