“We accept the judgment of the Constitutional Court, which declared the unconstitutionality of certain provisions of the January amendment to the Supreme Court Act; this is a guideline for subsequent parliamentary majorities,” said Małgorzata Paprocka, minister in the KPRP, in the PAP Studio.
Paprocka was asked today, among other things: about President Andrzej Duda’s position on Monday’s ruling by the Constitutional Court, which declared unconstitutional a number of provisions of the January amendment to the Supreme Court Law, including: about the so-called independence test of the judge and the transfer of disciplinary and immunity cases of judges to the High Administrative Court.
“The Constitutional Court shared the president’s doubts
This judgment may be – the word ‘enjoy’ is not very elegant here – but the Constitutional Court simply shared the president’s doubts. It was a preventive application, i.e. before the signing of the law. The President believed that these proposals go too far and conflict with prerogatives regarding judicial appointments
– she noted.
READ: The Constitutional Tribunal ruled that the amendment to the Supreme Court law is unconstitutional. In the background there is a dispute over the KPO and President Duda’s request
We accept this judgment with some satisfaction
– added the minister. More important in this matter, she says, is that it will be a guideline for the future, for ‘next parliamentary majorities’.
Key provisions of the Supreme Court law are being questioned by the Constitutional Court
What is very important is the protection of the privilege regarding the appointment of judges. (…) The result of this right is, on the one hand, guarantees of irremovability and judicial independence, and these in turn translate into the right of citizens to have their case heard by an independent court, and this is the perspective that the President sees in it. He thought this bill went too far
– she noted.
Paprocka emphasized that this judgment is not an “extraordinary novelty” from a legal perspective, as it also confirms the case law currently in force at the Tribunal.
This is not a revolution, it is a confirmation of the wording of the Constitution and previous rulings of the Constitutional Court
– she added.
Judgment of the Constitutional Court
In its ruling on Monday, the Constitutional Court ruled that the provisions deemed unconstitutional were “inextricably linked” to the entire amendment under examination. This means that the president will not sign this amendment.
Previously, President Andrzej Duda sent the January amendment to the Rules of the Supreme Court to the Constitutional Court in February this year. under preventive control mode – before you sign it. This amendment, according to PiS, was intended to fulfill an important “milestone” for the European Commission to release funds for the implementation of the National Reconstruction Plan. At the same time, in February the president appealed to the judges of the Constitutional Court to hear the case immediately.
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PAP/rdm
Source: wPolityce