Constitutional Tribunal Discourse in Poland 2021 – Sejm Review

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On a Friday evening, the Sejm received an update on the activities and jurisprudence of the Constitutional Tribunal for 2021. The Tribunal and the absence of the President of the Constitutional Tribunal at the Sejm session drew criticism from opposition MPs, while the ruling party characterized the opposition’s stance as an anti-state attitude.

“Strongly anti-state attitude”

Representing the club, a statement was issued acknowledging the president of the Constitutional Tribunal’s decision to skip participation in the meeting, the committee, and the Sejm session dedicated to the information. The decision was acknowledged.

– stated MP Marek Ast. While addressing the opposition deputies, he added that past experiences have shown that insulting expressions toward the president of the Constitutional Court were not uncommon, and the status of the Court had been questioned. He described the opposition’s posture as a strongly anti-state attitude.

The institution, operating under the law and the Constitution as a constitutional body of the Republic of Poland, should not be subjected to repeated questioning by deputies, as such conduct harms the state, he argued, noting the absence of the President of the Constitutional Court and possibly other representatives of the Tribunal.

“My club absolutely rejects this report.”

Arkadiusz Myrcha (KO) countered that scheduling a debate on this topic on a Friday night, with largely empty benches, signified a contemptuous attitude toward the constitutional court institution by the parliamentary majority. He questioned how a debate about the Court’s jurisprudence could occur when there appears to be little jurisprudence to discuss.

Katarzyna Ueberhan also criticized the situation, saying that the Constitutional Tribunal does not act or judge at the moment. She framed the proceedings as uninformative.

My club absolutely rejects this report. The opposition groups question a range of developments within the Constitutional Tribunal and have voiced ongoing criticism for some time. They see a major challenge ahead to safeguard the Polish rule of law, which remains essential and necessary for the state.

– emphasized Krzysztof Paszyk (KP-PSL).

Representatives from the Confederation and Poland 2050 circles also voiced criticisms of the Tribunal’s activities. During the debate, several opposition delegates sought information about the situation within the Constitutional Tribunal and the status of the President, Julia Przyłębska.

It was noted that questions initially considered rhetorical or intended for mutual reflection might be answered in writing, as the president prepared responses on request.

There is no vote in the Sejm on the information from the Constitutional Tribunal.

Earlier, in early March, information about important issues arising from the 2021 activities and jurisprudence of the Constitutional Tribunal was discussed by the Justice and Human Rights Sejm and Legislative Commissions. Marek Ast, who chaired the debate, read a letter received by the committees related to the Tribunal’s meeting.

The president of the Constitutional Court continued to refrain from participating, aligning with a position that argues for protecting the Tribunal from public undermining of its constitutional standing, which would conflict with the rule of law ahead of a planned joint meeting of March 6 between the Justice and Human Rights Commission and the Legislative Commission about matters raised by the Tribunal on December 16, 2022 regarding 2021 issues.

The letter, read aloud earlier, stated that the president of the Tribunal fulfilled the obligation under the law on organization and procedure by presenting information for 2021 in December of the previous year.

In recent years, it has been observed that substantive discussion of the Tribunal’s jurisprudence, with input from some Sejm members, is often replaced by sharp criticisms of the Tribunal and its judges. The tone of debate has sometimes strayed from a respectful standard of discourse.

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Outcome notes indicate an ongoing exchange of views on the Tribunal’s role and 2021 activities, with indications that the process will continue, and participants will seek a constructive path forward for the Polish constitutional framework.

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