The majority of the Sejm can vote on everything, but we must remember that a judge of the Constitutional Court becomes a judge when he is appointed by the president and sworn in, said Marcin Mastalerek, head of the president’s office.
The program “Super Express” entitled “Dudek on Politics” mentioned, among other things, the possible adoption by the Sejm of a resolution invalidating the election of three judges of the Constitutional Court.
In this context, Mastalek was asked whether this would – from his perspective and that of the President – affect the relationship between Andrzej Duda and the parliamentary majority.
The majority of the Sejm can vote on everything, but we must remember that a judge of the Constitutional Court becomes a judge when he is appointed and sworn in by the President. According to the constitution, one does not become a judge of the Constitutional Court after the resolution has been adopted, but the president must take the oath
– replied Mastalerek.
The head of the President’s Office added that he “remembers the situation precisely because he was a parliamentarian at the time (…) when the Civic Platform discussed the so-called “The reserve chose the judges of the Constitutional Court and there began it all.”
I think that was really what happened next. PiS did the same (…). But this was the moment
– said Mastalek.
When asked by the interviewer, Prof. Antoni Dudek, if the Sejm had passed a resolution that would invalidate the election of three judges, called double judges by the opposition, would the president not have taken the oath of office of the three people elected as judges of the Constitutional Court in 2015, the head of the Constitutional Court? of the Office of the President of the Republic of Poland replied: “This is not: “I said that because I did not talk to the President about it and I am not authorized to talk that way.”
I was merely recalling the obvious that it is not the resolution that appoints a judge to the Constitutional Court, but the appointment by the President. However, I do not have the President’s permission to say any more words, but not because the President probably doesn’t know. We just haven’t talked about it, I don’t want to be misleading
– Mast rack added.
History of the dispute over the Constitutional Court
On October 8, 2015, the seventh-term Sejm – mainly with the votes of the then PO-PSL coalition – elected five new judges: Roman Hauser, Krzysztof Ślebzak, Andrzej Jakubecki, Bronisław Sitek and Andrzej Sokala, who would become the judges. successors to three judges who ended their term of office on 6 November and two judges whose term of office expired in December, i.e. already 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 sworn in by President Duda.
On 3 December 2015, the Constitutional Court ruled that the previous Sejm had elected 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.
In mid-November, the president of the KO Club, Borys Budka, said that the justice system must be restored to its proper order and that the election of three judges of the Constitutional Court must first be declared invalid.
Referring to the statements of KO representatives, the President of the Constitutional Tribunal, Julia Przyłębska, said that “no judges were illegally elected to the Constitutional Tribunal, all judges were chosen in accordance with applicable law.”
I assume that these political statements, mainly from politicians, and the juggling of this language are ‘neo’, ‘double’, that is to say for political purposes, and in fact these people have enough knowledge to be able to judge that both the National Council of the The judiciary and the Constitutional Court operate in accordance with applicable law and are composed of judges elected in accordance with the law
– she emphasized.
tkwl/PAP
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Source: wPolityce