Constitutional Tribunal Crisis: Is a Revolution Coming?

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– The government’s ideas for changes in the Constitutional Tribunal are nothing more than an element of the election campaign. No one consulted them with the president, so the president has no intention of having a hand in them, says Andrzej Duda’s associate. Donald Tusk has already announced that some of the changes may be introduced after the end of the president’s term.

Appeal to the judges of the Constitutional Tribunal to resign from their positions, adopt a new act on the tribunal and introduce changes to the constitution, which, among others, will prevent the election of active politicians to the tribunal – this is briefly the plan of the Sejm majority for changes in the tribunal. On Monday, four documents on this matter were presented, including resolutions of the Sejm on the removal of acts of constitutional crisis and a draft amendment to the Constitution. On Wednesday, the main assumptions were presented in Parliament by Justice Minister Adam Bodnar.

In the draft resolution, the coalition states that a total of as many as 10 resolutions on the election of Constitutional Tribunal judges by the right-wing camp were adopted in gross violation of the law, and thus are devoid of legal force and have not produced any legal effects. As a consequence, judges Muszyński, Piskorski and Wyrembak are not judges of the Constitutional Tribunal, and the judgments issued by the Constitutional Tribunal with their participation are legally defective. The Sejm would elect new judges by a 3/5 majority of votes. The resolution also included a provision that Julia Przyłębska is not the president of the tribunal because her term of office has expired.

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In the case of the new Constitutional Tribunal Act, in its final form the project received the support of 48 social organizations, and its preparation was supervised by the Batory Foundation. For them to come into force, in addition to the Sejm and Senate, the president would also have to accept them. And that doesn’t seem to be the case today.

– There were no consultations or talks with the president about changes in the tribunal. And the president has repeatedly emphasized his openness to dialogue on key constitutional ideas from all sides – whether those of the parliamentary majority or the opposition. Moreover, the resolutions have no legal force and do not produce any legal effects. And in the event of changing the Constitution, let those in power first gather a 2/3 majority for changes so that they can even talk about it – a person close to Andrzej Duda tells us anonymously.

In turn, our second interlocutor, one of the president’s advisors, describes the idea of ​​changes in the tribunal as an election ploy. – Apparently, the Platform and Donald Tusk want to show their voters that they are trying to clean up as promised. And the president and PiS stand in the way. And, similarly to the state media, they want to adopt resolutions on this matter that are in no way binding on the tribunal. This is introducing legal disorder, says the second interlocutor, an adviser to the head of state.

Is Bodnar in a hurry to make changes to the tribunal?

And as he adds, the Presidential Palace is hearing that Justice Minister Adam Bodnar is in a hurry to introduce changes because he plans to run in the European Parliament elections. He would be unofficially replaced by Senator Krzysztof Kwiatkowski, who joined the Civic Coalition club at the end of February and was already the head of the Ministry of Justice in the PO-PSL government in the past.

– No one needs to rush into changes in the tribunal. If the president were to sign the proposed solutions, he would admit that in December 2015 he illegally appointed Constitutional Tribunal judges elected by PiS votes. Moreover, the president is sending all laws to the current tribunal as part of a follow-up review, in connection with legal doubts regarding the parliamentary mandates of Mariusz Kamiński and Maciej Wąsik. Already in the case of resolutions regarding the National Council of the Judiciary, the president emphasized that the proposed changes must remain within the limits set by the Constitution, both in terms of the method of implementation and the compliance of the matter with the provisions of the Basic Law. This will be the case now, emphasizes Andrzej Duda’s adviser.

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Prime Minister Donald Tusk is convinced that the president will be against changes to the tribunal.

– I am aware that some of these projects will certainly be vetoed by the president, but I have already told the president that, in my opinion, he is missing the opportunity to fix what he broke together with PiS – the prime minister said at Tuesday’s press conference.

As he announced, in the event of a veto, the government will once again try to adopt changes regarding the Constitutional Tribunal by the parliament after the election of the new president. – The fact that we are trying to do it now does not mean that we will not try again – if the president vetoes – after the presidential elections, Tusk said. Let us remind you that Andrzej Duda’s term of office ends in August 2025.

Sylwester Ruszkiewicz, journalist of Wirtualna Polska

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2024-03-06 16:54:31


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