Wednesday, March 9, 2016

President of the Constitutional Court: Constitutional Court’s judgment must be published, as stipulated in the Constitution – Polish Radio


                             Opposition MPs fear that will not stop disputes around the Constitutional Court. They call it, the authorities have done judgment TK.
                         

The Constitutional Court challenged the constitutionality of the substantive provisions of the December amendment to the Law on the Court. Late last year, the document was adopted by votes of the parliamentary majority.

According to TK, unconstitutional a provision of the amendment entitling the President and the Minister of Justice to initiate disciplinary proceedings against a judge of the Court.

It is against the constitution is the repeal of provisions on the procedure for declaration of obstacles to the exercise of the office of the president. The December amendment entirely repealed the section contained in the June law adopted by the Parliament of the previous term.

“Law crushed by TK”

As stressed after the verdict was announced, Borys Budka with PO, TK pointed out that the provisions adopted by the PiS agree with the basic constitutional values. – You can not change the system under the guise of amendments to the law regulating the operation TK – said Booth. He expressed hope that the verdict will be published immediately.

According to the booths, TK clearly pointed out that “the law, which as of today is not applicable, was aimed only paralyze the Court.” – Therefore, despite the lack of publication, the Tribunal is not bound by the amendment, which from the outset is unconstitutional – said the deputy.

– This bill, which today was crushed by TK is procedural law. The Court is not bound by it from the beginning, because – as stated in the explanatory memorandum – TK subject only Constitution. No publication will be a constitutional tort on the part of the Prime Minister – said Booth.

“Disputes shall not cease”

– Unfortunately this is the reason that we will continue to argue – he was assessed Prime Minister Ewa Kopacz. – Some will be stuck with its opinion, arguing that the Court’s work during these two days was worthless, that it was a private meeting and that it may be to not use – emphasized.

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the main points of the judgment TK

– on the other hand, we have the opposition, which is in the minority and will not be able to offer their solutions, even correcting this difficult situation, because the arithmetic works miracles in the hall of the Sejm – she added.

the former Prime Minister expressed the hope, however, that the judgment TK “will be forced to some extent those who, in accordance with the law are responsible for the mess Under the legislation, and quickly comply with the judgment, and fix their mistake. “

Health Minister was also questioned by journalists about the statement of the Prime Minister Beaty Szydło that” can not violate the Constitution, and such a document published “because the decision TK ws. the amendment of the Law on the Court will not be ruling. The former Prime Minister said that “this is a breach of the law” because “someone who is the head of government, has a duty to print the news judgment.”

– It’s a sad story. We live in a country in which the Constitutional Court’s ruling today is challenged by politicians and will not be respected – noted Kopacz.

B. Prime Minister appealed to President Andrew Duda, “to the senses, fixed a bug formation, which in its zadufaniu introduced in a huge constitutional crisis.”

“Can we wait greatest constitutional crisis”

– Judgment of the Court has confirmed our fears that the whole amendment to the Act of the end of December was unconstitutional. At this point, most of the government is obliged to execute the judgment of the Court in the near future, if he does not, then we have the greatest constitutional crisis in the history of the Republic, and indeed constitutional coup – said the leader of Modern Ryszard Petru.

As noted, the current signals from the ruling party that they do not recognize the Tribunal’s judgment. – If this is confirmed, then there is no other way to protest civil society – said the leader of the Modern. Again called for mass participation in the demonstrations on March 12 at TK.

– I expect the Prime Minister and the President of the Law and Justice Jaroslaw Kaczynski reference to the judgment, and it would be best to make it a reference took place in such a way that the returns would be constitutional order prior to the amendment, executed by PiS. If they do not, it is a problem not only Polish, it is an international problem, because Poland will be seen as a country which is not respected the constitution – said Petru.

Petru also appealed to politicians PiS to ” They repented “. – If PiS will go zaparte, that we have a crisis, which Poland has experienced since independence – stressed. As judged endangered is the image of Polish in the world.

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DISPUTE ABOUT THE CONSTITUTIONAL COURT

the leader of the Modern at the same time expressed the hope that the president, prime minister and president of PiS withdraw from the previous erroneous decision on TK. – Sometimes you have to take a step back, to keep the power of the Republic. Brno in the conflict weakens Poland internally and externally – he said.

“Crushing judgment”

Polish Peasant Party believes that the Constitutional Court’s ruling is devastating for the so-called . Repair Act Law and Justice. Krzysztof Paszyk, club secretary PSL PSL reiterated his appeal to the solution of the conflict around the constitutional court turned to the President.

– We urge the president to stop odgywać role dignitary party, but finally returned to the role of the one who upholds the Constitution – he said. He added that to resolve the situation can be through a new draft law on the Constitutional Court.

Krzysztof Paszyk also appealed to President Andrew Duda, the Prime Minister Beata Szydło and government ministers PiS to avoid irreverent tone to the Constitutional Court and to the judgments, which the court issues.

– We fear very far-reaching negative effects. With judgments can not agree, you can submit them reservations, but you can not so disrespectfully treat them – he said.

The Constitutional Court questioned today the mode of adoption and the constitutionality of the substantive provisions of the December amendment to the Law on the Court, by the Law and Justice . Dissenting opinions to the judgment made two judges – Julia Przyłębska and Peter Pszczółkowski, reported to T.K. by PiS.
The hearing was attended by 12 judges, chaired by the President of the Court – Andrew Rzepliński.

The ruling objective?

With the ruling on the unconstitutionality of the so-called “repair bill “agrees Mr traffic Kukiz’15 Tomasz Rzymkowski. Is no doubt, however, whether it is an objective ruling. In his opinion, the Constitutional Court acted contrary to the law, which regulates the mode of his work. as rated, it allows to believe that TK is involved in the dispute.

A spokesman Kukiz’15 Jakub Kulesza again calls on the parties to those agreed to support the draft law on the Court by the group.

– the only way out is to change the constitution, a change in the selection of judges to the Constitutional Court and decide that the judge was not a judge in its own case – he said.

He added that on the constitutionality of the Law on the Constitutional Tribunal to decide should the Court Supreme.

IAR, PAP, bk

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