The Constitutional Tribunal ruled on Thursday that the provisions of the 2017 Regulation on the Justice Fund were consistent with the Constitution. They allowed Zbigniew Ziobrze to grant grants to circumstantial projects on his own. The decision was unanimous.
As the Constitutional Court pointed out, the Minister of Justice - the trustee of the Justice Fund - "must have and have" The constitutionally guaranteed scope of freedom to distribute funds from this Fund, as the financial tasks of the FS "place in the area of the Minister's responsibility".
In the Court's view, the Court's competition committee of the Justice Fund has a "exceptional and advisory character" and its recommendations "are not binding" for the head of the Justice Ministry.
The decision of the Constitutional Tribunal was taken after examination of the application that he made 4 years ago. President of the ultimate Chamber of Control Marian Banas.
Regulations of the Justice Fund consistent with the Constitution. Court of Justice
- I'm sorry. Given the facts and the criminal proceedings in advancement relating to the allocation of funds from the Justice Fund, The Court held that the contested provisions inactive have legal effects and may constitute grounds for settling criminal liability in those proceedings - she stressed Judge Krystyna Pavlovich on the basis of a Thursday ruling.
The conviction was passed unanimously in a three-man lineup. Apart from Pawlowicz, who was the rapporteur, the president of the Constitutional Tribunal was besides a associate of the Committee. Bogdan Święczkowski and Wojciech Sych. The ruling was unanimous.
In September 2021, the president of NIK Marian Banas addressed a proposal to the Constitutional Tribunal. It afraid 3 provisions of the Regulation of the Minister of Justice, which regulated the functioning of the Fund for Harmful Assistance and Postpenitentiary Assistance.
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On the grounds of the request, Marian Banas pointed out that, as a consequence of the contested provisions of the 2017 regulation, erstwhile the head of the Ministry of Justice was Zbigniew Ziobro, it was possible to finance the Fund's "unlimited category of activities, even marginally referring to the Fund's undefined objectives, specified as the prevention of crime or support and improvement of the strategy of assistance to victims of crime, post-penitional assistance and the prevention of the causes of crime".
According to the NIK, the Fund's trustee, within the framework of his powers, made "unwarranted, arbitrary decisions to cancel competitions or to refuse to grant grants to any of the entities designated by the competition committees, despite having received a advanced rating".
The proposed regulation, including paragraph 11, was modified in April 2022 after the control of the NIK. Last November, the then head of MS Adam Bodnar signed a regulation that re-regulated and clarified the rules on the allocation of money from the Justice Fund. He completely disappeared then, among others, controversial couples. 11.
TK examined the application for Ziebra. He did not share the NIK's reservations.
Judge Pavlovich indicated that the provisions under review within the limits of the law.
- I'm sorry. The Court stressed that the Minister of Justice as the authorising officer of the Justice Fundhave and have a statutory and constitutionally guaranteed adequate scope of freedom in distributing funds from this fund, due to the fact that the financial tasks from the Fund are within the work of the minister – said Pawłowicz.
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- I'm sorry. The findings of the competition committee (...) are part of the interior decision-making process and service to facilitate the Minister's decision on the provision of funds to the Fund, but they cannot exclude the discretion of the Minister in the area of spending the Fund. The competition committee is purely ancillary and opinion-advising, and its recommendations are not binding on the minister", Pawłowicz emphasised.
The Justice Fund investigation has been conducted since February 2024 and is ongoing, among another things, on the breach of powers and on the failure of the then Minister of Justice Zbigniew Ziobra and the officials of the Ministry, including management, distribution and settlement of funds from the Justice Fund.
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