PO, Modern, PSL, and the president of the Supreme Court, the Ombudsman and KRS want to recognize the amendment unconstitutional.
Court considered the complaint on the December short story in the 12-man squad. The CT is not attended by the representatives of the Sejm, the Council of Ministers or the Attorney General. According to them, the case should be – as envisaged novel – in the composition of the 13-seater and the order in. TK dismissed the prosecutor general, Zbigniew Ziobro, on the postponement of the hearing.
“I can not publish such a document,”
Premier Beata Szydlo said that her duty is to publish the decisions which have been taken under applicable law. – Tomorrow’s the message that will present elected judges of the Constitutional Court, there will be a judgment in accordance with the law. Because of that I can not break the constitution, I can not publish such a document – said. She noted that the meeting “is not carried out in accordance with applicable law at this time.”
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According to the Minister of Justice, Attorney General Zbigniew Ziobro, meeting in TK is a meeting of the judges, and not strictly a constitutional court. In his opinion, the judges do not seem to see “the gravity of the situation.” – Judges TK take action with the inexplicable haste, which contribute to the deepening constitutional crisis in Poland – said Ziobro.
The contested amendment provides inter alia that TK in principle decides on the constitutionality of normative acts in the full court at least 13 of the 15 judges of the Constitutional Tribunal (formerly full composition is at least nine judges). Decisions of the full collapse have 2/3 majority, and not – as previously – the usual. Deadlines for processing applications are to be determined in the order in TK.
The opposition concerned the prime minister announced
Prime Minister: do not publish decisions TK
Declaration Beaty Szydło worries opposition politicians. Former Minister of Justice of the Civic Platform Borys Budka believes that no one gave the right head of government to decide on cases of this type.
– If the prime minister does not publish the decision, it commits a constitutional tort and of course it is a simple way to do this, to find himself in front of the State Tribunal. I hope that reflection will come as in the previous judgments of the Constitutional Court – said Borys Budka.
MEP Modern Kamila Gasiuk-Pihowicz hopes to change the position of the ruling party. He fears, however, that the Law and Justice will do everything to reduce the importance of both the judgment and the Court.
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– These voices Law and Justice arouse my very big concern, but in this context I March 12 at 12.00 I’ll be here before the Constitutional Court to say that I do not agree to break the letter of the law in Poland – announced the deputy of Modern.
The applicants’ arguments
– This pseudonaprawcza law does not fix anything, but merely prevents the Constitutional Court of the study set the current parliamentary majority – said before the CT Borys Budka. He argued that it is not in dispute, how you want your job TK, but the parliamentary majority has the right to the ordinary laws violate the constitution.
Kamil Gasiuk-Pihowicz assessed that the parliamentary majority gives the right to this to be a constitutional majority and seeks to paralyze the work of one of the last independent central organs of the state.
On the other hand, Eugeniusz Klopotek of the Polish Peasant Party admitted that in the previous term of the parliamentary majority “made a mistake” – “with zeal, perhaps greed, choosing not three, and five judges of the Court.”
– If the parliamentary majority has committed an offense, you can not allow it to repair the effects of the offense a crime constitution, and that committed the current parliamentary majority – he said.
“This change in the constitution”
According to the Ombudsman Adam Bodnar for the first time in the history of TK it is forced to decide on the basis of the Constitution and the law, which tends to his paralysis. – This novel is a real change of the constitution, as regards the consequences of action TK – rated.
Mec. Margaret Wrzołek-Romańczuk on behalf of the president and the Supreme Court said that the provisions of the amendment are dysfunctional and paralyze the work of TK. New rules of jurisdiction – according to SN – “ruining manifestly access to court and raise the risk of the occurrence of the persons concerned with claims for compensation on account of the excessive length of various proceedings in which they are parties.”
Representing the National Judicial Council Judge Catherine Gonera argued that the amendment violates the principle of independence of the Court and restricts citizens’ right to a court in this dimension, which means the right to a trial without undue delay.
“Illegal activities TK”
PiS politicians believe that the fact that TK examines amendment in the composition of the 12-person, instead of at least 13-seater, it means that the judgment will be invalid. Law and Justice deputy Marek Ast spoke of the “illegal” activities of the Court.
– The show, which takes place before the Court and the Constitutional Court is a manifestation of the fact that the opposition could not be reconciled with the sovereign verdict of October 25. As to what happens in Court, I put the fundamental question: Based on what legal basis the Court today gathered in the hall, which are normally held hearings? – Said PiS deputy Stanislaw Piotrowicz.
In turn, deputies PO argued that the Tribunal does not consider any law changes only paralyzing the Court, which in the future may not be able to explore unfavorable for the citizens of changes in the law.
Before headquarters TK manifested Committee for the Defense of Democracies. Its leader Matthew Kiev appealed to show that we are fighting for a free Poland, which is a place for everyone. He stressed that the Court’s judgments are final.
PAP, IAR, bk
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