“However, anyone holding the position of judge, prosecutor or other office must act in accordance with applicable law, and resolutions of the Sejm or opinions frequently referred to by government representatives are not sources of law and do not form the basis for the actions of the authorities,” she said. Julia Przyłębska, President of the Constitutional Tribunal, in the program “Guest of News wPolsce24”.
Julia Przyłębska, in a conversation with Michał Adamczyk, referred to the President of the Republic of Poland and referred two laws related to the Tribunal to the Constitutional Court in the framework of the preventive control procedure.
The President, noticing numerous errors in this law, decided that the law should not be signed and decided to ask the Constitutional Tribunal whether the solutions that seemed unconstitutional to him were in fact unconstitutional. The Constitutional Court will register this case, a full bench will be appointed and the Constitutional Court will hear the case
she said.
I commend to you the motion of the President of the Republic of Poland. This is a motion that lists all constitutional doubts and is at a very high substantive level, like everything submitted by the President to the Constitutional Court. I say this in the context of scandalous statements made by some lawyers, professors and prosecutors about the knowledge of the President of the Republic of Poland. He is not only the President but also a great lawyer and I appeal to you not to forget that
– she added.
Legal anarchy
The President of the Constitutional Court also commented on the fact that the current government does not recognize the rulings of the Constitutional Court and the Supreme Court.
We are entering the path of legal anarchy because the current government is usurping rights unknown in the Constitution. It does not respect at all the separation of powers, which is unambiguous and explicitly derived from the constitution. We may not like the solutions of the Constitution, we can discuss them at conferences, but the Constitution is in force and the duty of everyone who has undertaken to exercise executive, legislative and judicial power is to respect the law . The current government usurps the right to amend the constitution, finds new sources of law, such as resolutions, and terrorizes other government agencies into illegal behavior. There is currently anarchy because the authorities are leading to anarchization through their behavior
– said Przyłębska.
For example, currently the Constitutional Court is handled by the President of the Sejm – who, I have the impression, does not understand that he is the President of the Sejm and not a villain – and calls judges ‘disguises’, creating a certain bubble story, it is said that there are no judges in the Tribunal or that there are doubles. The current government is still aware of the importance of the Constitutional Tribunal. That is why this attack on democracy and anarchization started in 2015, when the Constitutional Tribunal was attacked. The authorities decided to elect judges in advance to keep the Tribunal together and prevent the democratically elected authorities from functioning
– she added.
Control instruments
Julia Przyłębska pointed out what instruments and possibilities still exist to control the government in a situation of such open legal anarchy.
There is also a constitutional complaint from Prosecutor Barski to the Constitutional Tribunal, in which a protection order was issued requiring the prosecutor’s office to refrain from certain actions, which of course the prosecutor’s office did not do. It is therefore good that another ruling has been published, this time from the Supreme Court. I would also like to remind you that the hysteria currently prevailing over the security provisions used by the Constitutional Court is surprising to me, because the case law on the possibility of making decisions under the Code of Civil Procedure in 2025 started by the Constitutional Court. Tribunal led by Mr. Prof. Rzepliński, who as a whole decided to safeguard the activities of the Sejm. Currently, the Constitutional Court, which makes its rulings in a panel of five or three people, continues the line of case law started by the full court.
– she noted.
When it comes to what we need to do, I think we need to be brave. If we have a situation where we act in accordance with applicable law, then everyone must, within the scope of his duties, fulfill the duties imposed on him by the Constitution. Each of us took an oath to this Constitution upon taking office
– adds the President of the Constitutional Court.
However, anyone holding the position of judge, prosecutor or other office must act in accordance with applicable law, and resolutions of the Sejm or opinions frequently referred to by government representatives are not sources of law and do not form the basis for the actions. of public bodies.
– she emphasized.
Legal juggling
Michał Adamczyk noted that it is not the case that the current government does not recognize Supreme Court decisions, but only those that fit with them.
I have often heard that the Constitutional Court only deals with political matters. Well, I wouldn’t call them political issues, but systemic issues. That is less than 20 percent. cases The Constitutional Court also decides on cases that concern ordinary citizens. We have allowed the most substantive review of constitutional complaints in history and we have about five hundred such complaints. This means that citizens trust the Constitutional Court, and it is not true that the Constitutional Court does not rule on these cases
– explained the President of Przyłębska.
As for blaming politics, this is also incorrect, because when PiS was in power, a constitutional complaint was filed with the Constitutional Court about the so-called ’53 women and incorrect calculation of benefits. Imagine if the Constitutional Court ruled against the government’s position and forced the government to pay extra money. And today we have such a situation that the Constitutional Court has again issued a ruling in this type of case, declaring that the calculation of early retirement pensions is unconstitutional, and imagine that the authorities have not published this ruling. People are currently turning to ZUS, which is refusing, and the only way at the moment is to go to court
she continued.
Usurpations of the Government Legislation Center
Przyłębska also referred to the fact that the Government Legislation Center does not publish the rulings of the Constitutional Court, and therefore they cannot enter into force.
According to the constitution, they are subject to publication. It does not give the RCL, the Prime Minister or his legal advisor the right to review this judgment. It is RCL’s responsibility to publish the judgment
– she noted.
Ordinary citizens write to the Constitutional Court asking what to do when they get the answer that the lady in charge of the RCL is considering the Constitutional Court’s judgment and starting to wonder whether she can publish it or not. I ask if the lady in charge of RCL knows the constitution? Perhaps he should sit down in the evening and read the contents of the Constitution again with understanding
– she added.
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Source: wPolityce