government spokesman Rafał Bochenek confirmed to influence the draft opinion of the Venice Commission – the advisory body of the Council of Europe – the Polish. He announced the submission of comments and objections to the document. According PO observations of the Commission of the project are “very serious”.
The Venice Commission …
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– document analyze, it is translated from the English language; we want to refer to it in detail – said Saturday loaf. – We have the right to submit comments and objections to the draft and we will certainly do – he added.
He stressed that the proceedings of the Commission, launched at the request of Foreign Minister, still continues, culminating will release in March of the final opinion . – Any outcry from the opposition is completely unfounded – said Bochenek. – For now, the final decision of the Venice Commission does not – he stressed.
PO: because very serious
Document dated 26 February first published on Saturday, “Gazeta Wyborcza”. It is not available to the Commission, the Polish Press Agency failed to contact the spokesperson KW. On Saturday, the project presented to journalists the PO politicians. According to Andrzej Halicki (PO), because the draft opinion of the Commission “very serious”.
– You could say that this is one of the hardest opinion of the Venice Commission, when it comes to the issue of the so-called. Law repair – Halicki told a news conference. As he spoke, the Commission points to the paralysis of TK, and the “main conclusion is to call all the organs of the Polish state to the absolute enforcement of TK”.
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at the beginning of February in Poland at the invitation of Foreign Minister Witold Waszczykowski a delegation of the Venice Commission, who spoke with prezydiami Parliament, the Senate, the president Andrzej Duda, Minister of justice, judges of the Constitutional Tribunal and Ombudsman, SN, NCR and non-governmental organizations.
Commission assesses Polish changes
the head of the Foreign Ministry asked the Commission in late December of last year in connection with the amendment of the Constitutional Tribunal Act by PiS. It changed m. In. the definition of the full TK (a minimum of 13 to 15 judges – before 9), also provides that the decision of the Plenary adopted by a 2/3 majority, but not the ordinary. Deadlines for processing applications are determined by CT in order of impact. The examination of the situation around TK occurred also to the Commission Polish NGOs and law.
Commission President Gianni Buquicchio said after returning from the Polish, that at the end of February will be ready draft opinion, which will be distributed to all members of the Commission and governments that belong to the Commission, including the Polish government. At the meeting of 11-12 March in Venice, when the opinion is to be adopted, will be invited a representative of the Polish government.
What opinion?
Tuesday was the second …
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the Venice Commission calls on all authorities to fully respect and implement the decisions of the Constitutional Court – says the draft opinion. The Commission welcomes with appreciation the fact that all Polish interlocutors expressed their attachment to the Court as a guarantor of the supremacy of the constitution in Poland. However, until the situation constitutional crisis relating to TK remains unresolved, and until the Court can not perform the work in an efficient manner, are threatened not only the rule of law, as well as democracy and human rights – were found.
added that it is necessary finding a solution to the current conflict over the composition of the Tribunal. The rule of law any solution must be based on respect for and commitment to the full implementation of the judgments of the Court – were added. The Commission therefore calls on all authorities to fully respect and implement the judgments of the Court and in particular calls on the Parliament to cancel the resolutions which have been taken on the basis of the findings considered by the Court as unconstitutional – says the draft opinion. It added that the proposal submitted to the Sejm appeal all the judges of the Court “can not be part of any solution that respects the rule of law.” See also questioned the argument about the need to ensure political pluralism in the composition of the Court.
“Making the Constitutional Court ineffective is unacceptable and removes a key mechanism which ensures that potential conflicts with European and international norms and standards can be solved the state level without the need for European or other support of the courts, which are overloaded and less close to the realities on the spot “- indicates the draft opinion.
Halicki: an opportunity for the government
PO spokesman Jan Grabiec told reporters that the Commission sent a draft of his position to the Polish Ministry of Foreign Affairs to respond to those shown in it too. As he said, this document waiting for the Council of Europe, the European Parliament and the US government to “make the further relationship with the Polish assess the situation when it comes to human rights in Poland, just from this document.”
The president Duda …
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– In connection with this appeal to the president, made the decision to TK – said Halicki. He added that he is referring to the December Constitutional Court’s judgment, which declared the constitutional choice of three judges of the Constitutional Tribunal made in October 2015. By the previous parliament and ruled that a president has the obligation to immediately swear. – The decision of the Constitutional Tribunal is clear on this issue: the need to receive a promise is a requirement, it is not the president’s right to verify, to veto the choices – said Halicki.
According to Grabiec, “today is the last chance as Poland to take care is, by about Poland again spoke well in the world, and it depends on what you will do in the coming days the president Andrzej Duda. “
– We can still avoid a bad debate about Poland – said Halicki. According to him, the document “gives a chance to the government to meet the expectations and the first conclusions.” – It is to treat this document as a starting point to correct the situation and not to reject the conclusions contained in this document – rated.
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He added that it is good that the committee came to the Polish at the invitation of Foreign Minister. – Perhaps this is a plus of 100 days, which gives us a chance to think also positive about solving the constitutional crisis in Poland; May we through dialogue and exchange of opinions reached the right conclusion; These conclusions are contained in the document – said Halicki
Dispute Tribunal
For several months last crisis around TK, which since the end of November does not seem to judgments other than those connected with the affairs of TK.
3 December 2015 r. TK considered compatible with the constitution provisions governing the choice of three judges elected in October 2015. in place of the judges whose term of office expired November 6, 2015 r. TK also found then that the head of state has a duty “immediately” receive the vows of each newly elected judge.
PO and some lawyers said that the president must now swear three “October” judges. President TK Andrzej Rzepliński announced then that he would not appoint to rule chosen December 2, 2015 r., And sworn by Duda five new judges TK – until they clear up the matter of swearing three judges “October”.
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the Constitution states clearly that the judges in the Tribunal is 15; swearing even three is violating the constitution – said the president Andrzej Duda. He added that currently “in this case, everything in principle” depends on the parliament; He estimated that the opposition does not depend on compromise. Asked if he expects something from President Rzepliński, he said that in order to “end this embarrassing situation, which unfortunately he creates.”
7 January this year. TK dismissed the case the resolutions of Parliament on the selection of 2 December 2015 r. By the current Parliament of 5 judges in place of those elected in October and the lack of legal force of that choice. January 12 Rzepliński enabled to give TK two judges “December” – Julia Przyłębską and Peter Pszczółkowskiego. He explained that the result of the fact that on January 7 CT confirmed that the basis for the selection of 3 judges, “October” was consistent with the Constitution, and 2 – selected in place of those whose terms of office passed in December 2015. – Incompatible.
Premier Law and Justice deputy proposed a solution that would end the dispute over TK: eight out of 15 judges of the Constitutional Tribunal indicate opposition. PO, modern and PSL rejected this proposal.
8 and 9 March TK examine the December amendment to the Constitutional Tribunal Act by PiS – contested by MEPs PO, PSL and the Modern, as well as by the First President of the Supreme Court, the Ombudsman and the National Court. TK decided that it would examine novel at the hearing in a 12-man squad. Dissenting opinions submitted Przyłębska and Pszczółkowski. “I do not share the view of the possibility of not applying in this case the Law amending the Law on TK” – wrote Przyłębska. Rzepliński asked whether novel TK will examine on the basis of only the Constitution, he said that the judges TK “in the exercise of their office, shall be independent and subject only to the Constitution.”
Representatives of Justice announced that the Prime Minister’s Office does not publish the ruling TK undertaken in a different composition than 13 judges. – It would be a kind of review of twelve judges – judge Justice Minister Zbigniew Ziobro
Author: // kg plw / PAP
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