"We warned against the anticipation of breaking the regulation of law in this way," said Minister of Justice Waldemar Żurek, commenting on the Thursday decision of the Court of Justice of the European Union on the Constitutional Court. He besides admitted that the government does not anticipate to cooperate with the president on the fresh TK Act.
Court of Justice of the EU ruled that the Constitutional Court violated EU law without respecting judgments TEU. In 2023, the European Commission sent a complaint on Thursday to the TEU after the TC had given 2 judgments challenging the precedence of EU law over national law in the community. Belgium and the Netherlands joined the Commission’s complaint.
Waldemar Żurek, referring to this ruling, he stressed at the Thursday press conference that the judgement of the TEU confirms the "multiple concerns of the authorities of the law". "Today we must honour this decision," said the minister adding that the Constitutional Court "de facto denied EU law, which he had no right to do".
Minister of Justice for TK. "We stand before a dilemma"
As the Minister of Justice pointed out, "Poland, erstwhile entering the Union, has undertaken to respect this right". "These actions of the Court in an incorrect line could have led Poland out of the EU legal area," he said.
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"We are faced with a immense dilemma, what is next, due to the fact that after this decision we see that the Polish citizen does not have the appropriate legal protection that the TK provided," said Żurek, adding that "we must consider sanitizing and improving things."
He besides informed that governing coalition does not anticipate cooperation President Karol Nawrocki on the fresh TK Act. "Perhaps we will gotta begin the procedure of completing the selection of judges for the TK," said Żurek.
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- We gotta effort to supplement the TK lineup, that's my opinion, and that's how I'll get the coalition members. We gotta do this. I hope that this procedure will begin with the beginning of next year, that the parliamentary majority under our constitution will elect fresh judges of the Constitutional Tribunal - said the Minister of Justice.
Donald Tusk announces the repair of TK
The Court of Justice besides referred to the ruling Prime Minister Donald Tusk. As he estimated, this conviction gives the green light to repair the TK. It seems that from now on we can effort to fix Constitutional Court by systematically completing the composition, due to the fact that there these terms of office expire," said the head of government.
SEE: The TEU dealt with the Polish TK. "It does not meet the requirements"
- At a time erstwhile we get a situation in the tribunal, including "not precisely the tribunal", where we can, for example, choose according to the rules, according to the law and honestly the president of the tribunal - from this point on we will have a sign that This tribunal is back on track. - stated. He pointed out that he had already discussed this with coalition organization leaders. He assessed that it would be possible to find respective paths so that "possibly rapidly Poland would regain the Constitutional Court in accordance with the law and that it could so besides regulation and interpret the constitution".
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