The National Council for the Judiciary responds to the provocation of Donald Tusk’s government! “Article 9 of the Law on the Promulgation of Normative Laws (…) determines which laws are subject to publication in the Journal of Laws. There is no room for annotations from anonymous commenters. Will the composition of the Constitutional Court be determined by the ECtHR from now on? – we read on the KRS profile on the X website.
A provocation from Tusk’s government. Rulings of the Constitutional Court “with appropriate note”
On Monday afternoon, the Constitutional Court’s ruling of December 5 on the provisions of the Hunting Act was published in the Journal of Laws. The decision was made by a panel of five judges of the Constitutional Court, chaired by Justyn Piskorski. Besides him, there were also judges on the jury: Jarosław Wyrembak, Zbigniew Jędrzejewski, Mariusz Muszyński and Bogdan Święczkowski.
The head of the Standing Committee of the Council of Ministers announced that the rulings of the Constitutional Court, which rules in panels composed of judges he disparagingly calls “understudies,” will be published “with an appropriate note.”
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.
Above the operative part of the said judgment in the Journal of Laws there is an annotation:
“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 a judicial review established by law court.
Deputy Minister of Justice Arkadiusz Myrcha also announced on his profile on the X platform that “a special annotation will be included in the Journal of Laws for each ‘ruling’ of the Constitutional Court involving double play.”
SEE THE DETAILS: Another provocation from Tusk’s government! The minister writes about ‘doubles’ and announces: rulings of the Constitutional Court will be published ‘with appropriate notes’
The National Council for the Judiciary responds to Berek!
The profile of the National Council for the Judiciary on the X platform also refers to the publication in the Journal of Laws and the submission of Minister Berek.
Article 9 of the Law on the Promulgation of Normative Laws (…) determines which laws are subject to publication in the Journal of Laws. There is no room for annotations from anonymous commenters
– highlighted in this post.
Will the composition of the Constitutional Court be determined by the ECtHR from now on?
– was asked at the same time on the KRS profile
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Source: wPolityce