The Tribunal shall correspond to the president of the Constitutional Court. "Test of influencing case law"

polsatnews.pl 3 weeks ago

The action of the president of the Constitutional Tribunal Bogdan Świętczkowski is an effort to influence the case-law of independent general courts - said the spokesperson for criminal matters of the territory Court in Warsaw on Saturday. She added that the president of SO was examining the case for violation of the criminal code.

Judge Birdiek thus referred to the Constitutional Court's Friday communication informing that Święczkowski had sent a announcement to the National Prosecutor's Office of "a legitimate suspicion of a crime having been committed in connection with illegal decision of the territory Court in Warsaw in breach of the Court's provisional provision of 8 August 2025."

TK besides stated that Święczkowski sent a announcement to the Public Prosecutor's Office concerning "intentionally exceeding allowances by a public officer, justice of the Warsaw territory Court Magdalena Wójcik, who issued a decision contrary to the Court’s ruling to detain and forced to lead erstwhile Justice Minister Zbigniew Ziobry to the gathering of the alleged Pegasus Sejm Investigative Commission".

Judge Birdiek informed that the action described by the TK concerns the order of the Warsaw SO of 16 September 2025 in the case for a reference. Act VIII Ko 313/25.

SEE: The Justice Fund on the bench. Constitutional Court delivered a judgment

SO corresponds to TK: The president is not competent

"Notice that The president of the Constitutional Court is not competent mention to the merits or unwarranted ruling of the independent court. It is subject to the instigation control exercised by the Court of Appeal in Warsaw, which is only competent for the substantive assessment of this judgment" - she submitted.

She added that SO in Warsaw in the explanatory memorandum presented the legal assessment of the proposal of the Sejm Committee of enquiry and explained the reasons for its decision, including the question of the provisional provision of 8 August 2025.

"The action of Bogdan Świętczkowski constitutes Trying to influence the case law of independent courts, for which the Constitution of the Republic of Poland gives it no powers" - she emphasised. She besides said that "it unacceptable behaviour is presently analysed by the president of the territory Court in Warsaw for violation of the provisions of the penal code".

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The committee of enquiry calls on Ziobra. The court agreed to bring the b. Minister

In a Friday communication, the TK stressed that "in accordance with Article 190(1) of the Constitution the decisions of the Constitutional Court are final and binding for all authorities of the state, including universal courts". He added that "in accordance with the basic rule of legalism as set out in Article 7 of the Constitution, courts and another public authorities operate on the basis and within the limits of the law and are so obliged to respect the judgments of the Court".

In addition, the Communication states that the announcement besides points to "attempted prosecution recommending imprisonment by police officers who stay dependent on a judge".

Sejm Pegasus investigation committee wants to interview erstwhile MS chief Zbigniew Ziobra for over a year. This has to do with the usage in Poland Pegasus surveillance software politicians, among others. This was to happen at the time Ziobro was Minister of Justice and lawyer General.

On Monday A proceeding of erstwhile MS head Zbigniew Ziobra was planned by the Pegasus investigation committee. The court agreed that the policy should halt the police in order to bring this meeting. It'll be 9th effort to interview Ziebra. According to the erstwhile head of MS, the committee is illegal.

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