Experts from the Batory Foundation have drafted a bill on the Constitutional Court, along with preliminary provisions, aimed at “restoring the rule of law and improving its work.” They ruled that “the activity of the current Constitutional Tribunal poses a real threat to the functioning of a democratic constitutional state”.
The Stefan Batory’s team of lawyers released a statement Monday saying that it is “watching with interest further information confirming the Constitutional Tribunal’s complete reliance on ruling party politicians”.
“The current Tribunal is unable to impartially and effectively control the constitutional nature of the law. The Tribunal’s jurisprudence has almost completely disappeared” – the experts judged.
Experts Batory Foundation: Only requests from ruling party politicians are dealt with quickly
They indicated that in 2021 the Tribunal made only 18 verdicts, while before 2015, it even pronounced more than 70 a year.
“Only requests from ruling party politicians are dealt with quickly. Civil affairs wait for years and due to the collapse of the Tribunal’s authority, the courts have basically stopped addressing legal questions,” experts from the Batory Foundation said. emphasized in a press release.
“For more than 9 months, the Tribunal has been unable to prepare a written justification for the verdict announced on October 7, 2021, Case No. K 3/21, in which the alleged unconstitutionality of selected provisions of the Convention concerning the European Union, although Article 108(3) of the Law on the Organization and Procedure of the Procedure by the Constitutional Court obliges this body to prepare a statement of reasons “at the latest within one month of the date of the announcement of the verdict” – she added.
See the statement of the team of legal experts of Fundacja im. Stefan Batory
Experts on the “Complete Collapse of Authority” of the Constitutional Tribunal
The statement said that “Recent information provided by the media shows that matters important to the ruling party are being discussed with its politicians by Ms Julia Przyłębska (a person who has been wrongfully appointed as the President of the Tribunal), and that there are a political statement has been published on the official website of the tribunal website of the tribunal Mr. Jarosław Wyrembak (a person who is not competent to rule in the Constitutional Tribunal), who supports women and people fighting for the rule of law in a completely unacceptable manner.”
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“It is worth recalling that in 2019 Dr. Wyrembak handed over internal documents from the Tribunal to the Senate Committee on Human Rights, Rule of Law and Petitions, demanding the resignation of Ms Julia Przyłębska, accusing her of ‘gross violation of basic rules’ of the rule of law’.
According to experts, “these and other events, experienced by people sitting in the Constitutional Tribunal, have led to a complete collapse of the authority of this body and deepening society’s mistrust of its activities.”
“We 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,” they wrote. .
New draft law on the Constitutional Court
Experts “feeling the need to take specific measures to respect the rule of law” have drafted a bill on the Constitutional Court, along with preliminary provisions, aimed at “restoring the rule of law and improving its work “.
It was emphasized that the proposals are not limited to the issue of “restoring” the role of the Tribunal, which it had held until 2015. of the citizens, the provisions proposed by the team are intended to reform the functioning of the tribunal of this authority “- added in the statement.
SEE THE DRAFT LAW ON THE FOUNDATION TRIBUNAL
SEE THE DRAFT ACT INTRODUCTION
– amendment of the principle of sole 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 Assembly to be given powers both to appoint the bench seats of the Tribunal and to make changes to the formations already appointed.
– 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. He can be appointed only once for the next term of office. In accordance with the draft, the presentation to the President of the candidates for the positions of the President and Vice-President of the Tribunal requires a separate resolution of the General Assembly of the Judges of the Constitutional Court.
– new rules for the election of judges of the Constitutional Court
According to the draft, the judges of the Constitutional Court must be elected by the Sejm by a qualified majority of 3/5 votes.
– The Constitutional Court hears cases in 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
The draft “unequivocally resolves the dispute existing in the doctrine of constitutional law and the discrepancies in the Tribunal’s jurisprudence as to whether the Tribunal is required to supervise, ex officio, observance of the Constitution in the manner in which the disputed normative act has been enacted”. According to the draft, such a check will be mandatory.
– the scope of the investigation of constitutional complaints
The draft provides that “the constitutional complaint must indicate the legal standard which forms the basis for the final decision of the public authority, and thus not only the provision which is the procedural basis for the decision, but also any substantive legal regulations affecting been on the substance of the decision in an individual case”.
– disciplinary liability of judges of the Constitutional Court
According to the draft, the composition of the first and second instance disciplinary boards will be drawn by lot by the President of the Constitutional Court from among the judges of the Tribunal and retired judges of the Tribunal. On the other hand, a request for disciplinary proceedings may be made by the President of the Republic of Poland, the Public Prosecutor, a judge of the Tribunal and a retired judge of the Tribunal. Until now, such a request could be made by a judge of the Tribunal or the president at the request of the Attorney General, after consultation with the first president of the Supreme Court.
– annulment of judgments issued with the cooperation of the so-called doubles
– re-election of the President of the Constitutional Court
According to the draft, from the date of entry into force of the law, the duties of the President of the Constitutional Court will be performed by the judge with the longest post as judge in the Tribunal. 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 Act and their places will be taken by properly selected judges of the Constitutional Tribunal.
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