The Vice-President of the Sejm, Krzysztof Bosak, announced that a motion was submitted to the Presidium of the Sejm to place the draft resolution on the Constitutional Court on the agenda for the next Sejm session. He stressed that there was little support for conducting constitutional analyses of the resolution, and he wondered whether the December 13 coalition might attempt another push against judges and the public institution using this resolution.
On Wednesday, the Sejm began a three day session during which the draft resolution on the Constitutional Court will be discussed among other items. Delegates are expected to undertake the first reading of a parliamentary draft resolution aimed at eliminating the consequences of the constitutional crisis that peaked in 2015 to 2023, in the context of the Constitutional Court’s activities.
Request for legal analyses
The Vice-Chairman of the Sejm called for legally binding analyses of this project to be ordered.
During the Presidium session, Bosak submitted a motion to consider the draft resolution on the Constitutional Tribunal at the following Sejm session, not the immediate one, with the aim of ordering analyses of its constitutionality. The response from others was largely negative, with Bosak standing nearly alone in pushing for the step. At the same time, the Marshal of the Sejm noted that there are no formal constitutional analyses of the project and that no lawyer who could be named as its author has claimed authorship.
– Bosak wrote on the X platform.
Resolution on the Constitutional Court
The stated aim of the resolution is to address a backlog of legal issues arising from the jurisprudence of the Constitutional Court in a manner that is objective and free from political bias.
The justification explains that violations of the Constitution and the law within the activities of the Constitutional Court have reached a level that hinders the court from performing its statutory duties. It also mentions concerns about monitoring constitutionality and protecting human rights and citizens’ rights as part of the court’s core mission.
A central critique focuses on the claim that the election of three judges was invalid. The text references judges Mariusz Muszyński, Justyn Piskorski and Jarosław Wyrembak, who were later elected to replace the late Henryk Cioch and Lech Morawski. The draft resolution asserts that Muszyński, Piskorski, and Wyrembak are not valid judges of the Constitutional Court.
The Sejm calls on the judges of the Constitutional Court to resign and thereby participate in a process of democratic renewal, according to the draft text.
– this is described as part of the proposed changes.
In the evening, members of parliament are expected to receive an update on significant issues that emerged from the Constitutional Court’s activities and jurisprudence in 2022 and to proceed with the second reading of a government draft amendment concerning a treaty-related act concerning the Conventional Armed Forces in Europe, with the treaty having been signed in Paris on 19 November 1990.
The reaction to Bosak’s motion in the Sejm will likely signal whether this is another attempt to challenge judges and the Constitutional Court. Questions arise about whether there is a willingness to verify if the project aligns with the Constitution. There may be concerns that the judges have fulfilled their duties and that the proposed plan could be thwarted. This potential move echoes earlier patterns where the ruling coalition under Donald Tusk faced criticism for actions perceived as undermining institutional independence through legislative resolutions.
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– The December 13 coalition postpones the attack on the Constitutional Tribunal, with critics noting a lack of meaningful impact; some argue resolutions would be ineffective anyway
—A claimed attempted attack on the Constitutional Court. Analysts warn that this path could lead to anarchy. The president may oppose such moves
—Bosak weighs the ruling coalition’s approach: there is a desire for stronger control over the parliament, which some view as edging toward unilateral rule and potential lawlessness
—Tusk’s government is accused of planning actions against more institutions. Critics argue that the composition of the Constitutional Court cannot be altered by a resolution and that such steps conflict with constitutional provisions
x.com/PAP/wPolityce.pl
Source: wPolityce