The shocking audacity of publishing the Constitutional Tribunal’s rulings in the Journal of Laws, with a provocative annotation from Tusk’s team, had to clash with the Constitutional Tribunal’s response. The wPolityce.pl portal spoke to the President of the Constitutional Tribunal, Judge Julia Przyłębska, about the practice of publishing judgments with anti-constitutional commentary, which is unknown in Polish law. This is an important lesson for all of us, but especially for the (current) government.
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This is a usurpation of executive power that violates the constitutional foundations of the separation of powers
– says the President of the Constitutional Court, Judge Julia Przyłębska, in an interview with the portal wPolityce.pl.
Let us remind you that the ruling of the Constitutional Court was “commented” by Maciej Berek, member of the Standing Committee of the Council of Ministers.
The constitution requires compliance with international law. Poland is therefore bound by the rulings of the ECtHR, according to which the Constitutional Court rules in panels of judges. The so-called understudies is not a court established in accordance with the law. “Judgments of the Constitutional Court” delivered in such courts will be published with an appropriate note
— wrote Maciej Berek, member of the government and chairman of the Standing Committee of the Council of Ministers, about X.
In accordance with the judgments of the European Court of Human Rights in the following cases: Xero Flor w Polsce Sp. z OOP Poland dated May 7, 2021, complaint no. 4907/18; Wałęsa v. Poland of November 23, 2023, complaint No. 50849/21; ML v. Poland of On December 14, 2023, complaint No. 40119/21, the Constitutional Court is deprived of the characteristics of a tribunal established by law when an unauthorized person sits in its composition. According to these rulings, the published judgment was delivered by an established panel, which is contrary to the fundamental principle governing the election of judges of the Constitutional Court and thus contrary to the essence of the right to an award under the law established court.
– we read in one of the rulings of the Constitutional Court that have already been published in the Journal of Laws.
The President of the Constitutional Court responds
The anarchist operation of Tusk’s people has already been commented on by many leading lawyers and judges. The wPolityce.pl portal also received comments from Judge Julia Przyłębska, President of the Constitutional Court, who together with President Andrzej Duda today oversees the Constitution of the Republic of Poland.
Referring to the above, it should be noted that in accordance with the Law on the Organization and Procedure of Proceedings before the Constitutional Court, judgments are published in the relevant official gazette, in accordance with the principles and procedure established in the Constitution and the Act on the publication of normative decisions and certain other legal acts. Both the Constitution and the Acts Promulgating Act do not grant either the Prime Minister or the Government Legislative Center the right to publish the Tribunal’s decisions with annotations or annotations. In art. 9 section In 1 point 6 of the Law on Promulgation it is clearly stated that “judgments of the Constitutional Court regarding normative acts published in the Journal of Laws” are published in the Journal of Laws of the Republic of Poland. The publication of the judgments of the Constitutional Court with annotations is therefore a clear violation of the provisions of the law on the publication of judgments. This is a usurpation of executive power that violates the constitutional foundations of the separation of powers
– says the President of the Constitutional Court, Judge Julia Przyłębska, in an interview with the portal wPolityce.pl.
The president also draws attention to obvious systemic issues that (shockingly) seem unknown to Tusk’s “legislators.”
As for the content of the note itself, I would like to remind you that the Constitution is the supreme law of the Republic of Poland (Article 8 of the Constitution). In its judgment of 24 November 2021, reference no. K 6/21 ruled that art. 6 Section 1, first sentence, of the Convention for the Protection of Human Rights and Fundamental Freedoms, done at Rome on 4 November 1950, as amended by Protocols Nos. 3, 5, 8 and supplemented by Protocol No. 2 (Journal of Laws of 1993, No. 61, Item 284), insofar as it confers on the European Court of Human Rights the power to assess the legality of the election of judges of the Constitutional Court, is contrary to Art . 194 section 1 in connection with art. 8 section 1 of the Constitution
– emphasizes the President of the Constitutional Court.
The reasoning for the above judgment indicates that the Constitutional Court is the guardian of the principle arising from art. 8 of the Constitution. No international body can shape a completely new quality convention to which Poland, as a state party to the Convention, has not agreed. The judgments of the Constitutional Court have universal binding force and are final (Article 190(1) of the Constitution). No state or international body may question the rulings of the Constitutional Court for any reason
– emphasizes judge Julia Przyłębska.
In conclusion, publishing the judgments of the Constitutional Court with annotations in the Journal of Laws of the Republic of Poland or any other official journal constitutes a violation of the Publication Act, as well as Art. 190 section 1 of the Constitution. The Prime Minister, as the entity responsible for the publication of the Journal of Laws and Monitor Polski, cannot add annotations that actually contain his personal opinions, especially since they conflict with the Constitution and the rulings of the Constitutional Court.
– says the President of the Constitutional Court, Judge Julia Pezyłębska, in an interview with the portal wPolityce.pl.
For its authors, an attempt at (extralegal) anarchization of the Polish system should end up in the State Tribunal. The Constitutional Tribunal has repeatedly reached out to systemic discussions and polemics. The President of the Constitutional Court deserves great praise for this. Today, however, we see the gangster tendencies of Tusk and his team, in the context of the political system, prevailing over common sense. This time, however, the law will not refrain from violence.
WOJCIECH BIEDROŃ
Source: wPolityce