The Polish Prime Minister urged Justice Minister Zbigniew Ziobro not to vote in the same way as the chairman of the Civic Platform, Donald Tusk, offering a note of caution on the record Wednesday.
On Thursday, PiS lawmakers submitted to the Sejm a draft amendment to the law on the Supreme Court. The proposal would trim the minimum size of the General Assembly and reduce the full composition of the Constitutional Tribunal to nine judges. The amendments apply to cases started and not finished before the law comes into force. For months, the Constitutional Tribunal has been divided over Julia Przyłębska’s term as President, which has prevented a full gathering for some time.
At a press conference in Poznań, the prime minister was asked about the relationship between PiS and Sovereign Poland in light of this project. He stressed his hope that Polish institutions would operate normally.
When some judges do not assume their duties, Morawiecki added, those in power seek solutions that would restore the Constitutional Tribunal to functioning as an active institution.
He noted that the draft would adjust the number of members needed to decide in full and would align with rules previously in force.
Historically, under various parties in power including PO, PSL, and earlier PiS and SLD, this move is not unprecedented. He assured that the move should not raise alarm.
He also stated that the measure aims to enable the Tribunal to rule on a fundamental matter of national interest. President Przyłębska, as far as the speaker is aware, is working to issue a ruling. It remains to be seen how things will unfold, but the proposal is presented as necessary, he affirmed.
The prime minister was also asked whether support from Sovereign Poland could be counted on for this project. He said that, in general, he hoped Ziobro would not vote like the PO chairman Tusk, which would seem odd to him.
In another note, he referred to Tuesday’s session in which Sovereign Poland members on the Judiciary Commission did not win approval to replace several deputies of Sovereign Poland with PiS members. The vote tally stood at 214 in favor, 216 against, with seven abstentions.
He recalled moments when KO MP Kamila Gasiuk-Pihowicz celebrated with Sovereign Poland deputies and admitted surprise at PiS positions, hoping that an alliance would not continue.
In a situation of stalemate, Morawiecki said, it is natural to search for a path forward and present a new procedure that could lead to a ruling in a timely manner.
Hearing date for the Constitutional Court on the Supreme Court reform
The Constitutional Court set May 30 as the hearing date for the amendment to the Supreme Court Act. The president’s request, filed under preventive scrutiny, will be considered by the Full Court, chaired by President Przyłębska. At present, a full court requires at least 11 judges. The long-running dispute centers on Przyłębska’s term and whether it expires in 2024 or 2022, with some arguing the term would end in December 2024 while she remains a judge.
The draft reform, as described in the explanatory memorandum, would streamline the Court’s operation by reducing the General Assembly to nine members and the full tribunal to nine judges.
The dispute involves opinions from former and current judges who contend that Przyłębska’s term ended in December 2022, raising questions about eligibility to reapply. Supporters, including the prime minister and several experts, say the term ends in December 2024.
In January, six Constitutional Court judges, including Vice President Mariusz Muszyński, wrote to Przyłębska urging the General Assembly to be convened and to select candidates for the presidency.
In early March, the tribunal’s press service reported that Przyłębska had convened the General Assembly, which, by an absolute majority and in the presence of two-thirds of the judges, adopted a resolution stating there was no need to convene to select candidates for president.
At the start of April, the Court received a letter from five judges indicating willingness to proceed with the president’s motion but criticizing actions attributed to the president as ineffective and contrary to law, while calling for a General Assembly to elect a new president. Judge Jarosław Wyrembak described these moves as part of a sequence that could threaten Poland’s fundamental governance.
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