“There are no legal grounds for dismissing judges of the Constitutional Court, especially through a parliamentary resolution. Such a resolution will have no legal consequences,” said Marek Ast, MP for Law and Justice, in an interview with wPolityce.pl. As he said, “in legal terms it should be treated as a coup d’état because the Constitutional Tribunal is an independent constitutional body whose working methods and selection of judges are determined by law.”
Donald Tusk’s government plans to submit to the Sejm a proposal for a resolution on the change of the judges of the Constitutional Court. As MP Ast noted in an interview with wPolityce.pl, the Constitution does not provide for the possibility of shortening the terms of office of these judges. Such action would therefore be contrary to the provisions of Polish law.
There are no legal grounds to dismiss Constitutional Court judges, especially through a parliamentary resolution. Any such resolution will be ineffective, void and of no legal effect. It will certainly not be recognized, neither by the President of the Republic of Poland, nor by the judges against whom it will be addressed, nor by the Constitutional Court.
– said Ast.
“Coup”
As he assessed, “such action by the parliamentary majority will potentially cause additional chaos and deepen the anarchy already introduced in Poland by the December 13 coalition.”
In this legal dimension, it should also be treated as a coup d’état, because the Constitutional Court is an independent constitutional body, a court whose working methods and election of judges are determined by law. If the parliamentary majority wants to change anything in the system of the Constitutional Court, it must be done by law.
– noted the PiS MP in an interview with the wPolityce.pl portal
However, we also know that these rules must be in accordance with the Polish Constitution, and of course the Polish Constitution does not in any way allow the term of office of the judges of the Constitutional Court to be shortened. Possible legislative measures will not have the effect that Donald Tusk expects today with regard to the Constitutional Court
– he emphasized.
Will Tusk’s government challenge the Constitutional Court’s rulings?
Marek Ast also drew attention to the issue of previous rulings by judges of the Constitutional Tribunal.
The parliamentary majority wants to declare a number of rulings by the Constitutional Court invalid. However, this is not possible because all statements made, pronounced and published in the Journal of Laws are binding.
– he pointed out.
As he added, “even an attempt to annul judgments by legal means” cannot achieve the intended success.
This path is not even an option, because the constitution does not provide for the possibility of withdrawing or invalidating the decisions of the Constitutional Court. At this point we will again have legal dualism – the parliamentary majority will believe that the rulings are invalid and will ignore them, and Law and Justice, and I think also the Confederation, the electorate that supports Law and Justice, will take the position will accept that the statements are valid
– said Ast.
According to him, the actions of the current government are intended to divert the attention of Polish society from decisions made in Brussels.
Donald Tusk is simply aiming for chaos and anarchy in Poland to cover everything that is currently happening in Europe, i.e. the treaties that the EU wants to adopt, changing existing regulations that will limit the sovereignty of the Member States. He wants to cover up issues related to energy policy. He simply wants the public media, the Public Prosecution Service and the Constitutional Court to be discussed in Poland today. However, under the cover of this discussion, changes will be introduced in Europe that will lead to Poland losing its sovereignty
– said the PiS MP.
internationally, someone can benefit from this chaos in this context
‘Germany benefits from chaos in Poland’
According to him, the chaos introduced in Poland also has economic significance internationally.
Of course, Germany in particular will benefit from this. A country plunged into anarchy will soon no longer be a reliable partner. This kind of chaos also leads to economic weakening. Poland has grown too much in the past eight years
– said Ast, pointing to the “dynamic economic development in which we were a leader in many areas.”
Macroeconomic indicators also showed that Poland is currently leading the way among developing countries in Europe. The Germans did not like all this. These major investments in infrastructure, led by the Central Communication Port, the container port in Świnoujście. All this was simply against German interests, and it is now clear that the current parliamentary majority also wants to block these investments.
– paid attention.
There is only one beneficiary of these changes: Germany
– emphasized the PiS MP.
READ MORE:
– The December 13 coalition is planning an attack on the Constitutional Tribunal. Błaszczak: They want to deprive another independent body of its independence
— Tusk’s government is planning an attack on more institutions? Paprocka: The composition of the Constitutional Court cannot be changed by any resolution. This is contrary to the Constitution
— Will they attack TK?! Minister Paprocka: “The deepening of the legal chaos will only burden one side of the political dispute”
wPolityce.pl/bjg
Source: wPolityce