Sovereign Poland has not yet decided how it will vote on the draft amendment to the law amending the Constitutional Court, said the deputy head of the Justice Ministry, MP Sebastian Kaleta. It is a draft submitted by PiS deputies that provides for a reduction in the number of judges needed for the full composition of the Constitutional Court.
The draft amendment to the Law on the Organization and Procedure of the Constitutional Tribunal was submitted to the Sejm by PiS MPs; provides for the reduction of the minimum number of judges of the General Assembly of the Constitutional Tribunal from 10 to nine, and the reduction of the number of full benches of the Constitutional Tribunal – from 11 to nine judges. The amended provisions apply to proceedings initiated and not completed before the date of entry into force of the amendment. On Tuesday afternoon, the parliamentary committee on justice and human rights will consider the project.
Sovereign Poland’s position on the project and how the SP will vote on the issue was discussed by Deputy Justice Minister Sebastian Kaleta at Tuesday’s press conference.
We are analyzing, we are talking about the effects of this law, there is no decision yet
observed Kaleta.
When Kaleta pointed out that the draft had several articles and when asked what the SP wanted to achieve, Kaleta replied that “the law could have 200 articles and not very far-reaching systemic, social and economic consequences, or it could have one article and the like cause effects.”
This, contrary to appearances, is not such a trivial matter
he stressed.
Gosek: I will support this project as a representative of Sovereign Poland
Mariusz Gosek, Member of Parliament for Sovereign Poland, admitted in an interview with “Gazeta Wyborcza” that he would support the PiS project.
I will support as a representative of Sovereign Poland. This is not the position of the party, but Mariusz Goska as a politician of Sovereign Poland, and the position of the party will become known if the board collects and develops such a position
– he said Mariusz Gosek.
According to the Sejm, the Committee on Justice and Human Rights will consider the draft amendment on Tuesday at 8 p.m. of the Chamber – on Thursday, initially at 5.30 p.m
The dispute over the tenure of Julia Przyłębska
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. The problem with compiling a full bench is related to the fact that according to some lawyers, including former and current judges of the Constitutional Court, Przyłębska’s term as President of the Constitutional Court expired after 6 years, i.e. on December 20, 2022. and at the same time cannot 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.
Six judges of the Tribunal, including Vice President Mariusz Muszyński, sent a letter to Przyłębska and President Andrzej Duda in January, demanding that they convene the General Assembly of Judges of the Constitutional Tribunal and select candidates from which the president will nominate a new chairman. to point. At the beginning of March, the Press Service of the Constitutional Tribunal reported that President Przyłębska had convened the Assembly of Tribunal Judges, which “passed by an absolute majority, in the presence of two-thirds of the Tribunal’s judges, a resolution stating that there was no reason to convene a meeting to select candidates for president of the tribunal.”
The Constitutional Tribunal set the date of the hearing on the amendment of the Supreme Court law for May 31; According to PiS, the change is intended to fulfill the most important “milestone” for the European Commission to release funds for the implementation of the FPA. This stipulates, among other things, that disciplinary and immunity cases of judges should be decided by the Supreme Administrative Court, and not – as is currently the case – by the Chamber of Professional Responsibility of the Supreme Court. In February this year, President Andrzej Duda introduced a motion to examine the constitutionality of the amendment at the Constitutional Court – under the preventive scrutiny procedure.
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Source: wPolityce