The president seems eager for the Constitutional Tribunal to weigh in on his proposal without delay, according to Małgorzata Paprocka, who serves as a minister within the President of Poland’s Chancellery, speaking to Dziennik Gazeta Prawna.
In discussing the president’s referral of an amendment to the Supreme Court law for review under the preventive scrutiny framework, Paprocka stressed that Andrzej Duda clearly expects a prompt commentary from the Constitutional Court on his application.
It is true that the Constitutional Tribunal is not bound by a fixed statutory deadline. Yet, when considering cases such as a challenge to the Budget Act, the Constitution requires that the matter be resolved within two months. In other words, the legislature itself anticipated that a ruling by the Constitutional Court could occur within that two-month period.
She added that the chair and other officials face no binding timetable, and in the context of this discussion, public remarks by Julia Przyłębska as president of the Constitutional Tribunal have not altered the court’s judicial functioning.
The only body capable of dispelling the doubts that have arisen is the tribunal itself. The president emphasizes that this moment calls for responsible constitutional action rather than internal squabbles.
Impartiality test in practice
When asked about the operation of the impartiality test in its current form, the minister judged that the mechanism functions effectively.
Ministry of Justice statistics suggest that the current solutions are working well. Applications for the test are not filed in large numbers, which means most citizens do not question whether a judge will act independently and impartially in their case. At the same time, from the perspective of procedural rights, it is regarded as a positive development that the impartiality check has been put in place. If any doubt arises about a judge, it is important to scrutinize the matter thoroughly, she noted.
The orderly functioning of the system is essential for public confidence and the fair administration of justice.
gah/PAP
Source: wPolityce
(attribution: wPolityce)