A new bill is before the Constitutional Court. Batory Foundation: Total dependence of the Constitutional Court on politicians of the ruling party

In a statement released on Monday, the Fundacja’s Legal Expert Team has announced im. Stefan Batory recalls that in 2021 the Tribunal made only 18 verdicts, while before 2015 it made more than 70 a year. – Only the requests of politicians of the ruling party are dealt with quickly. Civil cases have been waiting for years to be heard, and the collapse of the Tribunal’s authority has effectively stopped the courts from asking legal questions, it was stressed. – The Tribunal has been unable to provide a written motivation for the judgment published on October 7, 2021, ref.no. for more than 9 months. K 3/21, which mentions the alleged unconstitutionality of selected provisions of the Treaty on European Union, although Art. 108 seconds. 3 of the Law on the Organization and Procedure of the Proceedings by the Constitutional Court obliges this body to prepare a statement of reasons “at the latest within one month from the date of publication of the judgment” – added.

The Batory Foundation team of experts also cites information provided by the media that “matters important to the ruling party are discussed with its politicians by Ms. Julia Przyłębska (a person who has been wrongfully appointed as the President of the Tribunal), and the Tribunal’s official website has published political statements by Mr. Jarosław Wyrembak (a person not authorized to rule in the Constitutional Tribunal), attacking women and people fighting for the rule of law in a completely unacceptable manner. ” Experts remind that in 2019 Dr. hab. Wyrembak provided the Senate Committee on Human Rights, Rule of Law and Petitions with internal documents from the Tribunal, demanding the resignation of Ms Julia Przyłębska and accusing her of “gross violation of basic rule of law”.

– These and other events, experienced by the members of the Constitutional Court, have led to the total collapse of the authority of this body and the deepening of society’s mistrust of its activities – we read in the statement. The authors have no doubt that “the activity of the current Constitutional Tribunal poses a real threat to the functioning of a democratic state governed by law, and completely distorts the meaning and essence of the constitutional revision of the law”.

At the same time, experts have prepared a new law on the Constitutional Court, along with preliminary provisions, aimed at restoring the rule of law and improving its work.

These are the main changes envisaged in the draft of the new Constitutional Court Act:

– amendment of the principle of one-person management of the activities of the Constitutional Court by the President of the Court in favor of the principle of collegiality (the draft provides for the allocation of powers to the Assembly to designate the judges of the Court, as well as to change already named formations)

– the term of office of the President of the Constitutional Court (the draft provides that the President of the Constitutional Court is appointed for a period of three years; the President of the Court can be appointed only once for the next term of office)

– new rules for the election of Constitutional Court judges (Constitutional Court judges are elected by the Sejm by a qualified majority of 3/5 votes)

– The Tribunal hears cases in an open court open to the public

– legitimacy of civil society organizations to submit applications to the Constitutional Court

– ex officio control of the legislative process

– disciplinary liability of the judges of the Constitutional Court (the composition of the disciplinary courts of first and second instance is determined by drawing lots by the President of the Tribunal from among the judges of the Tribunal and retired judges of the Tribunal)

– annulment of judgments issued with the cooperation of the so-called doubles

– re-election of the President of the Constitutional Court

– persons who are not competent to judge (the so-called doubles and subsequent persons who take their place) will not be able to participate in judicial activities upon the entry into force of the law and their places will be taken by properly selected judges of the Constitutional Tribunal

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