Draft Resolution on the Constitutional Court and Calls to Ignore Rulings

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The draft resolution concerning changes to the Constitutional Court will be examined at the upcoming Sejm session, according to reports. Yet that is not all. The draft also contains a provision urging state institutions to refrain from following the Court’s rulings, a move described by PiS MP Krzysztof Szczucki as potentially inciting criminal behavior.

Resolution on the Constitutional Court and ignoring rulings

It is helpful to recall the developments from late last year and early this year. There were loud declarations that the coalition planned to confront the Constitutional Tribunal on December 13, with plans to use parliamentary resolutions to remove from office the Court’s judges who were appointed by the president and were disparagingly referred to as “understudies.” The discourse also touched on questioning the legitimacy of the election of judges Krystyna Pawłowicz and Stanisław Piotrowicz, who were 67 at the time of their election.

Public statements by coalition lawmakers seemed to confirm these plans, though later reports suggested the effort would be postponed due to lack of consensus among coalition partners (as reported by major outlets at the time).

READ ALSO: The coalition’s December 13 postponement of the attack on the Constitutional Tribunal; “We didn’t notice anything” and “Sejm resolutions would be ineffective anyway.”

Subsequently, it appears the coalition’s approach shifted on December 13.

The draft resolution on the Constitutional Tribunal has been prepared and reportedly enjoys political support from all coalition partners. The text is in the final stage of refinement, and it is expected to be submitted to the Sejm for consideration at the session beginning on March 6 (according to Interia). A Deputy Justice Minister confirmed the existence of the draft on a television broadcast, adding that the resolution would include a call for state bodies not to comply with the Tribunal’s rulings that may follow the resolution.

– as stated by Krzysztof Paszyk, head of the PSL parliamentary club, in discussions with Interia.

It is also recalled that since December of the previous year, judgments issued by the Constitutional Court, delivered by panels including judges who have been described in such terms, have been issued with notable commentary noted by observers as controversial.

REMINDER: Critics argue that this represents another provocation by the government. A minister has referred to the existence of “doubles” and warned that the Court’s rulings may be issued with accompanying notes.

“Another version of anarchy and legal chaos”

Commentary on the matter has come from Prof. Krzysztof Szczucki, a PiS MP and former head of MEiN as well as former chairman of the Government Legislation Center. He used social media to describe the latest developments, labeling opponents and their actions as a new form of disruption.

He stressed that the idea of urging state institutions to disregard the Constitutional Court’s rulings would amount to inciting offenses and urged restraint in public discourse.

READ MORE: Tusk government’s approach to the Constitutional Tribunal has drawn scrutiny. Judge Andrzejewski notes that if there is a threat, the president should consider appointing a guard.

– concluded Szczucki in his remarks.

olnk/interia.pl/X

Note: The information reflects a synthesis of reporting from the period, with various political actors weighing in on the proceedings and the proposed text of the draft resolution.

Only a general outline of the situation is presented here, keeping to the reported positions and the sequence of events as they were publicly described by participants and commentators involved in the discussions.

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