Emergency plan
The justice of the TK Krystyna Pawłowicz surely did not fishy that she would make confusion in the coalition on October 15. After it was discovered that he would shortly be retired for wellness reasonsThe talker of the Sejm declared that the power camp should make a turn.
— If it turns out that the Constitutional Court Act, this effort to improvement is blocked by the President, it is essential to take the next step and consider filling these posts “ Simon Holovnia spoke yesterday during a press briefing in the Sejm.
In early October 2024. President Andrzej Duda sent him to the Constitutional Court in control 2 preventive laws on the Constitutional Tribunal to reform. The rulers hoped that the complaint would retreat in August a fresh president, who was expected to be Rafał Trzaskowski. However, he lost the election to Karol Nawrock and it is clear that there will be no legislative changes.
PAP/Adam WarzawaMarshal of the Sejm Simon Holovnia
— We had a Constitutional Court Act, fundamentally 2 laws. And it's a good thing we had them. On the another hand, we have not solved the matters of the Chamber of Extraordinary Control and Public Affairs of the ultimate Court. We've been discussing the neo-Judges, we haven't solved this case. There is no agreed proposal that could be seen as a government submission. Even though it's been a year and a half. That's a long time. I think we should have done this a long time ago," added Simon Holownia.
With the departure of Krystyna Pavlowicz in early December in the Constitutional Tribunal there will be 8 judges and 2 doubles (chosen to replace those who previously took the seat of the decently elected judges). The composition of the TK will be even more depleted respective days later, due to the fact that then the word of office of another justice – Michał Warciński ends.
However, without Krystyna Pavlowicz, the Court will lose the anticipation of ruling in the alleged full composition, which now amounts to 11 people. This would bind the hands of president Bogdan Święczkowski. However, it is possible that the Court will resolve this problem before. On 15 July, a judgement is to be pronounced in the case of a complaint by the Prime Minister Mateusz Morawiecki, who inactive wanted the Constitutional Tribunal to challenge the rules limiting the full composition to 11 judges in 2023.
tribunal.gov.pljustice of the Constitutional Court Krystyna Pavlowicz
At the time, it was about the beginning of the Chamber due to boycott of trials by any judges who did not want to justice together with the erstwhile president of TK Julia Przyłębska. However, the complaint was kept in the freezer for almost 2 years. It wasn't taken out until recently.
“I appeal to this group, which today, for the time being, has a majority in parliament to behave responsibly, in accordance with the Constitution and Polish law, and to enable the Constitutional Court to function, simply elected judges to the Constitutional Tribunal, as it should be implemented in accordance with the applicable law,” president Andrzej Duda said during a press conference in the Vatican on Wednesday.
Judges Without Money
For respective months now, the current government has ignored all decisions of the tribunal. He does not print his rulings, considering them as non-existent. On the occasion of work on the budget for this year, the power camp decided to scope for dense artillery. Parliament cut the draft budget of the TK by PLN 10 million. Nor did he foreshadow a penny for the judges. Only workers and judges at remainder get the money. The Constitutional Tribunal brought an action in this case before the Provincial Administrative Court in Warsaw.
Marcin Obara / PAPpresident of the Constitutional Court Bogdan Święczkowski
In February, the decision was made not to choice fresh judges for vacant seats, which after a conference involving lawyers, as well as, among others, Prime Minister Donald Tusk, was then informed by Marshal Simon Holovnia of the Sejm. On Wednesday, however, he changed his head about what amazed the coalitions.
“He tells Onet policies of the civilian Coalition dealing with the issues of justice.
He adds: “We request to consider whether it makes sense to choose fresh judges at this point. It is essential to find suitable candidates who will want to enter the TK and rule, in a way legitimizing the presence of double judges. The president is governed by the man of PiS Bogdan ŚwięczkowskiWho will not hesitate to initiate the procedure of punishing a justice who will not want to sit next to the double. This is not a place where prominent and independent lawyers can presently prosecute themselves.
The problem is. Among any of the politicians of the camp of power begins to dominate the belief that it is impossible to leave the judges of the Constitutional Court to those who will regulation after the elections which will take place in the autumn of 2027. Moreover, if the current Sejm were to fill the vacant seats a fewer months before the next parliamentary election Judges elected by Members of the current word of office would have obtained a majority.
Albert Zawada / PAPInformation plaque at the barrier of the Constitutional Court in Jan Christian Szuch in Warsaw
In KO, they argue that no decisions have been made, and at this point no discussion is going on. Our interlocutors in the largest organization of the power camp, however, propose that the declaration Simona Holowna may have a second bottom.
— Those words don't seem reasonable at first glance., given that we inactive do not have the agreed fundamentals of the reconstruction of the government and the possible renegotiation of the coalition agreement. However, possibly the Holovnia is putting this on intent to join the negotiating package. Then this declaration makes sense – an experienced coalition parliamentarian tells us.
