Vice-President of the Sejm Krzysztof Bosak announced that he had submitted a motion to the Presidium of the Sejm to consider the draft resolution on the Constitutional Court at the next session of the Sejm. As he noted, no one supported the idea of conducting legal analyzes of the constitutionality of the resolution. Could the December 13 coalition plan a new attack on judges and a public institution using the resolution?
On Wednesday, the Sejm began a three-day session, during which the following will be discussed, among other things: Draft resolution on the Constitutional Court. Delegates should carry out the first reading of the parliamentary draft resolution on eliminating the consequences of the constitutional crisis of 2015-2023 in the context of the activities of the Constitutional Court.
Request for legal analyses
The Vice Chairman of the Sejm requested to order legal analyzes of this project.
During the Presidium of the Sejm, I tabled a motion to consider the draft resolution on the Constitutional Tribunal at the next session of the Sejm (and not tomorrow), in order to order legal analyzes of its constitutionality. Everyone was against it, except me. At the same time, the Marshal of the Sejm (Szymon Hołownia – ed.) admitted that there are no constitutional analyzes of this project, and that no lawyer whose name we might know claims to be its author.
– wrote Bosak on the X platform.
Resolution on the Constitutional Court
The purpose of this resolution is to resolve the accumulation of legal problems related to the jurisprudence of the Constitutional Court in an objective and apolitical manner.
– emphasized in the justification for this project. We read therein that “violations of the Constitution and the law in the activities of the Constitutional Court have reached a scale that prevents this body from carrying out systematic tasks in the field of monitoring the constitutionality of the law, including the protection of the human rights and the rights of citizens. “
One of the main allegations against the current Constitutional Tribunal is the claim that the election of three judges is invalid. Mentioned in this context are judges Mariusz Muszyński, Justyn Piskorski and Jarosław Wyrembak, who were later elected to replace the deceased Henryk Cioch and Lech Morawski. According to the draft resolution, Muszyński, Piskorski and Wyrembak are not judges of the Constitutional Court.
The Sejm of the Republic of Poland calls on the judges of the Constitutional Court to resign and thus join the process of democratic change
– it was in the draft resolution.
In the evening, MPs will “hear information on important issues arising from the activities and jurisprudence of the Constitutional Court in 2022.” and carry out the second reading of the Government’s draft amendment to the Act amending the scope of the Treaty on Conventional Armed Forces in Europe, signed in Paris on 19 November 1990.
The reaction in the Sejm to Bosak’s motion could indicate that this is yet another plan to attack judges and the Constitutional Court. Why don’t they want to verify whether the project complies with the constitution? Perhaps they fear that it will turn out that the judges have validly accepted their duties and that their plan will be ruined. This would not be the first attempt by Donald Tusk’s government to attack institutions by passing a resolution.
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– The coalition of December 13 postpones the attack on the Constitutional Tribunal! “We didn’t notice anything”; ‘Sejm resolutions would be ineffective anyway’
—Attempted attack on the Constitutional Court. Paprocka: This is the road to anarchy. The president will oppose this
—Bosak assesses the actions of the ruling coalition: they only have a parliament, but they want to rule even harder than PiS. Therefore, they fall into lawlessness
—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
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Source: wPolityce