Prominent constitutionalists should look into the Sejm’s draft resolutions on the dismissal of Constitutional Court judges and changes in the National Council for the Judiciary and check whether these resolutions are constitutional, said Senior Marshal Marek Sawicki (PSL).
Are they planning an attack on the Constitutional Court and the National Council for the Judiciary?!
On Tuesday, KO MP Borys Budka said the justice system must be repaired in the right order.
“First of all, it is necessary to declare the election of three judges of the Constitutional Court invalid, because it concerns the implementation of a legal judgment of the Tribunal from 2015. It is obvious that this can be stated by the Sejm, because the Sejm the original sin committed by the majority of the PiS in 2015 must be corrected.
– Budka noted on TVN24.
According to media reports, the text of the Sejm resolution will be related to the status of the Constitutional Court judges elected by the Sejm and sworn in by President Andrzej Duda at the end of 2015; those appointments raised doubts among the then opposition and many representatives of the legal community, who claimed that the judges had been wrongly chosen.
““Constitutional wrongs must be removed by legal means.”
When asked by PAP about the Sejm’s draft resolutions regarding the Constitutional Tribunal and the National Council for the Judiciary, Sawicki replied that “eminent constitutionalists should sit in them and check whether these resolutions will be constitutional.” He emphasized that “there have been too many constitutional torts in recent years.”
And now we simply need to restore constitutional order in Poland, but constitutional torts must be abolished by legal means
– noted the Member of Parliament of the People’s Party.
According to him, constitutionalists must rule on “whether it is really legal and whether it has binding force.”
Sawicki pointed out that “today we have many international judgments at the Court of Justice, which, due to the unconstitutional nature of the National Council for the Judiciary, decides to declare the judgments invalid.”
And the Poles will simply be harmed in an instant
– added the PSL MP.
According to Sawicki, “anyone who today was a defendant before a judge nominated by the new National Council for the Judiciary has no guarantee that his judgment will be final.”
And that is why this needs to be resolved as quickly as possible, so that people simply know under what legal conditions they are operating
– said the politician.
The valuable voice of Prof. Piotrowski!
According to constitutionalist Prof. Ryszard Piotrowski, a possible resolution of the Sejm on the dismissal of judges of the Constitutional Tribunal would be contrary to the Constitution.
The constitution excludes recognition that the end justifies the means, because public institutions are expected to function reliably and efficiently
– said Piotrowski. When asked by a Sejm resolution about possible changes to the National Council of the Judiciary, he emphasized that “this would be contrary to the Constitution.”
READ ALSO: Constitutionalist explains: The resolution on the dismissal of judges of the Constitutional Tribunal would be contrary to the Constitution. “Taming Lawlessness”
On October 8, 2015, the seventh-term Sejm – mainly with the votes of the then PO-PSL coalition – elected five new judges of the Constitutional Tribunal: Roman Hauser, Krzysztof Ślebzak, Andrzej Jakubecki, Bronisław Sitek and Andrzej Sokala, who would are the successors of the three judges who ended their terms of office on November 6, and two judges whose terms of office expired in December, i.e. during the next term.
On November 25, the Sejm of the new, eighth term adopted the resolutions proposed by PiS, declaring that the October 8 election of the Constitutional Court judges had no legal force. On December 2, the Sejm elected Julia Przyłębska, Henryk Cioch, Lech Morawski, Mariusz Muszyński and Piotr Pszczółkowski, nominated by PiS, as judges of the Constitutional Court. These judges were approved by President Duda.
On 3 December 2015, the Constitutional Court ruled that the previous Sejm had chosen two Constitutional Court judges in a manner contrary to the constitution (instead of those whose terms expired in December); the election of the remaining three (to replace those whose terms expired in November) was consistent with this. The Constitutional Court also ruled that the president was obliged to “immediately” administer the oath of office of any newly elected judge.
The President of the Constitutional Tribunal, Julia Przyłębska, in her speech at the recent General Assembly of Judges of the Constitutional Tribunal, after citing the entire history of the Tribunal’s staff, emphasized:
Any attempt to undermine the status of the judges of the Constitutional Court, whether by national or international bodies, is a violation of the powers of the Sejm and the President and is contrary to the constitutional principle of separation and balance of powers.
READ MORE: Zaradkiewicz: Truly independent judges are prepared for any scenario. The attackers will sooner or later be brought to justice
olnk/PAP
Source: wPolityce