The Sejm adopted a resolution on eliminating the consequences of the 2015-2023 constitutional crisis in the context of the activities of the Constitutional Court. It was supported by 240 MPs, 197 were against and no one abstained.
A few minutes earlier, the Sejm accepted PiS’s motion to reject the draft resolution tabled in the second reading.
In the opinion of the Sejm of the Republic of Poland, the state of inability of the currently functioning body to perform the tasks of the Constitutional Court (…) requires the re-establishment of the Constitutional Court, in accordance with constitutional principles and taking into account with the voice of all political forces that respect the constitutional order. The judges of the renewed Constitutional Tribunal must be elected with the participation of opposition groups. The determination of the composition of the body should be spread over time in order to confirm the will to create this body without the perspective of the current term of office of the Sejm and the Senate.
– constitutes a resolution adopted by the Sejm.
The resolution stated, in part: “The Sejm of the Republic of Poland considers that taking into account in the activities of a public authority the decisions of the Constitutional Court issued in violation of the law constitutes a violation of the law can be considered.” principle of legalism by these authorities.”
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
– was further emphasized in the resolution.
The draft of this resolution was presented on Monday by Minister of Justice Adam Bodnar and representatives of all parties in the ruling coalition. At that time, drafts of two laws were also presented: on the Constitutional Court and the provisions introducing the law on the Constitutional Court, as well as the law amending the Constitution of the Republic of Poland with regard to the Constitutional Court.
The Sejm then began the debate and first reading of the draft resolution 14 on Wednesday. Afterwards 17 adopted the motion to proceed immediately to the second reading without referring the draft resolution to the Sejm committee.
The parliamentary majority bill
The draft resolution on eliminating the consequences of the 2015-2023 constitutional crisis in the context of the activities of the Constitutional Court was submitted by a group of deputies of the Sejm majority. The proposed resolution of the Sejm stated that Mariusz Muszyński, Justyn Piskorski and Jarosław Wyrembak are not judges of the Constitutional Court, and that the function of the President of the Constitutional Court is exercised by an unauthorized person. The draft resolution also includes a call on the judges of the Constitutional Tribunal “to resign and thus join the process of democratic change.”
The clubs of the ruling coalition: KO, PSL-TD, Polski 2050-TD and Links supported the draft resolution. The motion to reject the bill in first reading was submitted by PiS and supported by the Confederation. In a later vote, this motion was rejected and the Sejm proceeded to the second reading of the bill.
PiS opposition
PiS MPs voted against the draft resolution; their representative, Krzysztof Szczucki, tabled a motion to reject it at first reading, ruling that the draft resolution was an “attack on the Constitution” and “on the system of the Polish state.” Szczucki emphasized that the Constitutional Court’s composition cannot be changed by a resolution and its judicial achievements cannot be erased by a resolution.
The Constitution is not just a slogan to be sung. The Constitution is not just a legal act that we should mourn. The constitution must be respected
– said Szczucki.
READ ALSO: Szczucki responds in the Sejm Gasiuk-Pihowicz: The Constitution is not just a slogan to sing or a legal act to cry about
mly/PAP
Source: wPolityce