There is no doubt about who leads the Constitutional Court. The head of the ministry, Zbigniew Ziobro, addressed a letter to the President of the Constitutional Court, Julia Przyłębska, stating that insinuations tying him to the ongoing dispute are unfounded. He insisted that any suggestion he is involved in the matter is without merit.
Ziobro spoke at a Wednesday press conference about the situation facing the Constitutional Tribunal. For months, a conflict over Przyłębska’s term as President has stalled full sessions. At present, the Tribunal’s full panel includes at least 11 of its 15 judges, a situation that reflects the ongoing deadlock.
On Tuesday, the Tribunal was set to hear a power dispute between the president and the Supreme Court over the right to grant pardons. Of the 15 judges, 10 were present; the hearing did not proceed, and a new date was later announced for May 31.
Ziobro stated that he would be satisfied if the Tribunal, in its current makeup, could adjudicate the matters that come before it.
As Attorney General, he said he would continue sending letters and motions in hopes of progress.
The Minister of Justice is not subject to the Constitutional Court
The Minister of Justice is not subordinate to the Constitutional Court. The Polish Constitution assigns certain supervisory powers in the administrative sphere to the President of Poland, which adds a paradox to how the Court is overseen.
Ziobro noted that, while he holds supervisory and administrative powers over ordinary courts, he does not exercise such authority over the Supreme Court or the Constitutional Court.
He clarified that he does not appoint the President of either the Supreme Court or the Constitutional Court from among candidates, and emphasized that it is not his role to overstep or intrude on the authority of other bodies or individuals who hold greater constitutional powers.
Ziobro expressed a cautious hope that a workable agreement might emerge. He acknowledged that disputes can arise within bodies like the Constitutional Tribunal and expressed confidence that the issue would be resolved as quickly as possible.
At the same time, he asserted that his stance on the broader matter leaves no doubt. He indicated that his intention was to engage with the Constitutional Court through proper channels and to direct pleas to the President of the Court, Julia Przyłębska, until a full panel of the tribunal decides otherwise or the president takes a position on the matter.
Ziobro urged journalists not to spread false information, emphasizing his intention to address the matter through the court system rather than political maneuvering.
He warned against reducing judges to political labels or suggesting they are influenced by him. He asserted that his influence over the judiciary is limited and that the integrity of the office should remain intact.
The Prime Minister and the political alignment
Ziobro also commented on Prime Minister Morawiecki’s admonition not to vote for the Constitutional Tribunal in a manner similar to Donald Tusk, and touched on comments about conversations involving Sovereign Poland MPs and KO MP Kamila Gasiuk-Pihowicz.
“The Prime Minister voted as Donald Tusk wished. We protested the tone and approach. The Prime Minister and PiS colleagues supported the KPO law, while Sovereign Poland opposed it. There are different drivers and, at times, divergences in European matters, but there are also many common goals,” Ziobro stated.
He added that a focus on shared priorities could help, noting that outside the Sejm, representatives from all parliamentary clubs often pass by one another and sometimes exchange sharp remarks. Drawing conclusions about cooperation from these moments would be shortsighted.
Dispute at the Constitutional Court
The core dispute revolves around the tenure of Przyłębska. Some lawyers, including former and current judges of the Constitutional Court, argue that her term as President ended on December 20, 2022, and that she cannot reapply for the role. Przyłębska, along with the Prime Minister and several experts, maintains that her term as president runs until December 2024, concurrently with her term as a constitutional court judge.
Recently, a PiS draft bill was submitted to the Sejm aims to streamline Tribunal operations. The proposal would reduce the minimum size of the General Assembly from two-thirds of judges (10) to nine, and the full six-person panel from 11 to 9 judges. The changes apply to proceedings initiated and not completed before the amendment comes into force. The parliamentary committee is slated to review the bill next week, according to early notices.
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— The Prime Minister questions Ziobro about the Constitutional Tribunal project and urges him to avoid voting like President Tusk. — Lichocka confronts Sovereign Poland MPs over Gasiuk-Pihowicz. The responses show a mix of positions among members.
Source: wPolityce