Amendment to Poland’s Supreme Court Law and Tribunal Proceedings

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At this stage, observers believe the Constitutional Court will decide on the amendment to the Supreme Court law as quickly as possible. The court is an entirely independent body, and no influence from the government can change its pace, Prime Minister Mateusz Morawiecki asserted on Wednesday.

Amendment of the Law on the Supreme Court of the Constitutional Court

On Friday, President Andrzej Duda announced in a speech that he had chosen to forward the amendment to the Supreme Court law to the Constitutional Tribunal as a preventive check.

This means the law will take effect only after the Tribunal determines whether it aligns with the constitution, noted President Duda.

The amendment to the Supreme Court law is framed as a significant milestone for the European Commission’s readiness to release funds for the national reconstruction plan. It specifies that disciplinary and immunity cases involving judges should be resolved by the Supreme Administrative Court, rather than by the Professional Liability Chamber of the Supreme Court as is currently the case. It also introduces fundamental changes related to the so-called review of judicial independence and impartiality.

When is the court ruling?

We are nearing the point of resolving all disagreements with the European Commission on the National Recovery Plan, according to statements from officials.

During a press conference in Stalowa Wola, the Prime Minister emphasized that the lack of funds from the KPO would not prompt his resignation. He described the amendment to the Supreme Court law as a compromise with the European Commission, and noted that the president has confirmed the need for such a compromise.

Looking ahead, the Prime Minister said the Constitutional Tribunal will render a decision as soon as possible. He added that the government cannot influence the tribunal and that the process operates within a framework of rules and procedures set by the Court’s President.

From the government’s perspective, preparations for KPO project implementation are already underway. The Polish Development Fund has crafted appropriate financial arrangements and has established financial and credit lines to support infrastructure projects included in the KPA, which should prevent delays in project execution, Morawiecki stated.

He also expressed confidence that funds will flow from the KPO to Poland.

EU Affairs Minister: I will ask the President of the Constitutional Court for information

The EU Minister, Szymon Szynkowski vel Sęk, said on Wednesday that he would like to know whether there is a feasible path for the Constitutional Court to set a hearing date for the amendment efficiently. He also indicated he would inform the President of the Tribunal, Julia Przyłębska, and request such information.

Primarily, the minister noted, the scope of the president’s appeal must be clarified. A formal motion outlining the president’s concerns is required, and, in the minister’s view, this should not keep the process waiting too long.

Szynkowski vel Sęk added that the tribunal operates independently and cannot be pressured. He stated that the work schedule in this area would be reviewed anyway, and he reiterated his interest in hearing a prompt determination of the hearing date.

When asked if he would like a direct conversation with President Przyłębska, the EU minister replied that he would welcome any opportunity to learn whether the Court can schedule the hearing efficiently. He also confirmed his intention to seek information from the President of the Constitutional Court.

READ ALSO:

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— Minister Szynkowski vel Sęk: The president’s move to submit the amendment to the Supreme Court law to the Constitutional Tribunal lengthens the timeline for securing KPO funds

– ONLY HERE. Minister Ścigaj: There is uncertainty whether the EC will disburse KPO funds, given other conditions that must be met

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Source: wPolityce

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