“This is a call to citizens and institutions not to apply the law. It is simply an action that is absolutely contrary to all legal principles – the legal right, the Constitution,” said Prof. in an interview with wPolityce.pl. Anna Łabno, constitutionalist, lecturer at the Faculty of Law and Public Administration of the University of Silesia in Katowice.
Prof. Anna Łabno commented on the proposals of the governing coalition changes in regulations about the Constitutional Court.
This issue must be divided into two issues. A resolution similar in nature to the December resolutions on the judiciary and the second issue is a project of constitutional amendments, a total reform of the Constitutional Court
– she said.
Illegal changes
The constitutionalist ruled that it was impossible to implement reforms and changes in the structure and functioning of the Constitutional Tribunal in the manner proposed by Adam Bodnar’s ministry. She assured that there is a guarantee of individual tenure as provided for in the Constitution.
As to the second issue, you need to know the details, and as to the first, it must be said that it is the same method as that of December, to regulate matters that should not be regulated at all. There should be separate legal acts, and in general it should be stated that the legal status of the Constitutional Court and the status of judges who have a constitutionally guaranteed individual term of office cannot be changed in this way.
– she noted.
According to her, it is particularly scandalous to call on various state institutions, as well as on Polish citizens themselves, not to comply with the law in force in our country. Prof. Łabno judged that this was far from the norms of a democratic constitutional state.
And finally, a fundamental issue: a call on citizens and institutions not to apply the law. It is simply an act that is absolutely contrary to all principles of law: the legal right, the Constitution. It has nothing to do with the rule of law or democracy
– emphasized Prof. Łabno.
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Source: wPolityce