We are witnessing more and more interesting interactions on the Polish political and media scene. Well, Justice Minister Adam Bodnar had to defend Prime Minister Donald Tusk’s bizarre move to withdraw the controversial co-signature… against criticism from Prof. Andrzej Zoll and a biting commentary from Monika Olejnik. Bodnar, as if under a spell, argued on TVN24 that Tusk “absolutely had a legal basis in this case”. Are such translations enough?
He waved a co-signature
Prime Minister Donald Tusk announced this
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At the same time, the Provincial Administrative Court in Warsaw issued a statement in which it informed that the Provincial Administrative Court had received a complaint about the appointment by President Andrzej Duda of the Chairman of the Assembly of Judges of the Civil Chamber of the Supreme Court. However, the Provincial Administrative Court forwarded this complaint… to President Andrzej Duda, because this complaint must first be sent to “the body whose action, omission or prolonged course of proceedings is the subject of the complaint.”
READ ALSO: Tusk’s shame! The provincial administrative court explained that the complaint about the president’s decision was filed wrongly. He handed it over to… Andrzej Duda
Prof. Zoll did not comfort Tusk
Prime Minister Donald Tusk will be dejected as his strange move was criticised by, among others,… Professor Andrzej Zoll, former President of the Constitutional Court and former Ombudsman. He told TVN24 that in his opinion the prime minister’s move is “formally unjustified”.
There is no basis in the legal system, and certainly not in the Constitution, for revoking the co-signature
– he stressed. He added that such a basis “certainly” cannot be the motion of two judges, and this is what Tusk said when he informed about his decision. But if you still want to shift the blame: how predictable! – for President, Prof. Zoll declared that the decision to appoint a judge as president of the meeting of the Civil Chamber was “unconstitutional”.
Even Olejnik against the Prime Minister!
Minister of Justice Adam Bodnar was also faced with this dilemma (i.e. criticism from Prof. Zoll, who is certainly an “authority” for the Tusk camp) on TVN24. Moreover, Bodnar was also forced to fend off Monika Olejnik’s sarcastic remark!
The Prime Minister surprised constitutionalists by making such a strange gesture, namely by removing his signature from the co-signature, and he signed it himself a few days ago.
– said Monika Olejnik to Adam Bodnar in “Kropka nad i” on TVN24
Minister Bodnar tries to defend his boss
Bodnar, however, replied that he was not convinced of the correctness of Prof. Zolla’s opinion. He said that “in the meantime” a complaint had been filed with the administrative courts before two judges of the Civil Chamber of the Supreme Court.
If a complaint is filed, the authority making the decision may, in accordance with the provisions of the Act on Proceedings before Administrative Courts, correct its decision itself.
– said the Minister of Justice.
Complaints have been filed. If the complaints concern the content of an administrative act, in this case the co-signature submitted by the Prime Minister, until this co-signature becomes reality, i.e. the process of election of the President of the Civil Chamber has started, a correction can be made in accordance with Art. . 54 of the Act on Procedures before Administrative Courts
– he clarified.
Bodnar ruled that the prime minister “absolutely had a legal basis in this case” to make such a decision and “protect himself from the election of the president of the Civil Chamber in the coming days.”
According to the head of the Ministry of Justice, “if the meeting of the Chamber takes place without the co-signature of the Prime Minister, there will be a legal defect and it will be difficult to say that the new person elected to this position will be the legally elected President of the Civil Chamber.”
Clear position from the Supreme Court
Supreme Court spokesman Judge Aleksander Stępkowski told PAP that the election meeting of judges of the Civil Chamber will take place on Tuesday, September 10, regardless of the prime minister’s “unprecedented attack on the independence of the Supreme Court” and the attempt to block the work of its bodies.
As Stępkowski noted, the appointment of the Chairman of the Assembly of Judges of the Civil Chamber of the Supreme Court “is made by the decision of the President of the Republic of Poland, and not by the decision of the Prime Minister.”
By co-signing the President’s decree, the Prime Minister alone accepts responsibility before Parliament for this act
– he added.
The co-signature cannot be withdrawn – torn out of the resolution. This decision has already had legal consequences and Judge (Krzysztof) Wesołowski will act on it
– the Supreme Court spokesman stressed.
It is really interesting that the legal community, so enamored with Donald Tusk, has no choice but to criticise their political idol. Have lawyers realised that all the Prime Minister has to offer is chaos, gang-busting and illegal, unconstitutional shenanigans?
READ ALSO: ONLY WITH US. Śliwka: Donald Tusk said directly that he was withdrawing the co-signature, which means he admitted that he violated the constitution
READ ALSO: And now?! Even Prof. Chmai believes that Tusk cannot withdraw the co-signature: this cannot be done. This would cause chaos
olnk/TVN24/PAP/300polityka.pl
Source: wPolityce