The Venice Commission accuses of calling the constitutional crisis in Poland both the parliamentary majority of the Law and Justice and Civic Platform and the previous PSL. In the afternoon, the Commission issued an official statement on the matter. “This situation is caused both by the fault of the current and previous government and one and the other carry for their responsibility, because now it is so important that all political forces to work in Poland together for a way out of this situation,” – he stressed the head of the Venice Commission Gianni Buquicchio . He also noted that the issue of Polish TK has become a “political issue.”
The most serious allegation of the Venice Commission is that recent changes in the law on the Constitutional Court paralyzing the institution and may undermine the principles of democracy, rule of law and human rights . This objection at the PiS.
The Commission clearly states also that both the Sejm of the current term of office, and former broke the constitution – an accusation also at Platform, which chose two judges of the Constitutional Court too much.
the Commission calls on all politicians in Poland for an urgent solution to the crisis.
FULL REVIEW COMMISSION CAN READ HERE.
the Venice Commission: Constitutional Court is always right, and its decisions are final
the Venice Commission criticized the government for refusing to Beaty Szydło publication of the judgment of the Court last Wednesday. The Court then rejected the recent changes in the Law on the Court. The government did not consider this to have been made in accordance with the law, judgment and refused publication. The Venice Commission considered, however, that the Constitutional Court is always right, and its decisions are final.
The adopted Opinion today, the Venice Commission notes that the Court had the right to assess a new law on the Court, not adhering to it, that is, based on previous legislation. That law prevented the Court of prompt attention to it. As the Court is ignored, the government did not consider this judgment. Commission granted here agree with the Court. It assessed that the non publication of the judgment tribunals by the government is an unprecedented move, which only deepens the constitutional crisis in Poland.
At the end of the statement quoted words of the Secretary-General of the Council of Europe Thorbjoern Jagland. The opinion of the Venice Commission gives us a reason to start a dialogue with Polish, which I will continue when I visit Warsaw at the beginning of April – written.
Friday’s discussion on the Polish lasted 45 minutes. Case Polish Court is one of many issues, which deals with the Commission during the meeting that began on Friday. Discussed are the opinions concerning, among others France and Russia.
President of the Commission: The Constitutional Court must be able to work, to exercise its role as guardian of the Constitution
During a press conference following the opinion of the Venice Commission on the Constitutional Court of Poland by its President Gianni Buquicchio said that the first recommendation of the Commission is to publish Wednesday’s judgment TK.
Yesterday our reporting held a long meeting with the representatives of the Polish authorities to exchange views and listen to their comments – he told reporters Buquicchio starting the conference; also expressed gratitude to Warsaw for the “fruitful visit to Poland,” and the possibility of holding meetings that led to the development of draft opinion KW.
Version opinion, which leaked, was apparently equipped with a patch, which is normal thing (…) and adopted it this morning. There was not much difference between one and the other opinion – noted Buquicchio, referring to the fact that the draft opinion was leaked to the media.
Anyway final is the version valid opinion – he stressed.
He also said he would like to thank you for the “openness of the Minister (Konrad Szymanski), who told us that he is very much involved in finding a solution to the constitutional crisis in Poland.”
Let me ask all political forces in Poland constructiveness – the majority of (parliamentary) and the opposition will have to work together to find the best solution, as, of course, the Constitution – urged the head of the Commission.
The Constitutional Court must be able to work, to exercise its role as guardian of the Constitution – he stressed.
It depends on the Polish solution to the current crisis – Buquicchio said, referring to the earlier words of the minister Szymanski, the Commission has not made full use of this opportunity to help Poland. I hope that the authorities will examine in depth the text and will seek to implement recommendations of the Commission – he said.
If the Constitutional Court can not work efficiently and effectively, it is essential all citizens’ rights are not protected. It is the guardian of the Constitution and the guarantor of human rights there saved – said in an interview with a reporter RMF FM Gianni Buquicchio, the head of the Venice Commission. also warns that if such a “guard” will not, Poland may threaten anarchy and dictatorship .
One of the rapporteurs opinion on the Polish Christoph GRABENWARTER from Austria emphasized that now the most important recommendation is to publish the decision of the Constitutional Court, because it is – as indicated – would be the starting point to solve the crisis .
“you state two problems – first constitutional crisis, but also political crisis “
the judgments of the Constitutional Tribunal (…) must be published (…) that it is extremely important for democracy in Poland – said the chairman of KW, referring Wednesday’s judgment on the amendment of the Constitutional Tribunal Act.
this situation is due both to the fault of the current and previous government and one and the other carry for their responsibility, because now it is so important to all political forces to work together in Poland (…) to exit from this situation – Buquicchio stressed.
He also noted that the issue of Polish TK has become a “political issue.”
Therefore, when I was in Warsaw said that you have two problems – first constitutional crisis, but also a political crisis – he added.
the government will be announced on Saturday
The opinion of the Venice Commission is a non-binding document. For sure you will want to examine the possibilities of its application, of course, to the extent possible. We are members of the Council of Europe, but it must be in accordance with Polish law. This law, which in Poland is constituted, is the most important – said government spokesman Raphael loaf.
By Bochenka the Venice Commission in its opinion pointed directions, such as “to be a political dispute in Poland unload and solve “. Chairman Buquicchio said something that we as the government and the Prime Minister said many times: it is a political dispute and it should be solved primarily in our country and requires the cooperation of all political forces – said the government spokesman.
the government’s position on this matter will be presented on Saturday at. 10.30 in the Prime Minister’s Office.
Sasin: I will not prisoners of opinion of the Commission
we will review the decision of the Venice Commission, but we will not be prisoners of opinion – says PiS deputy Jacek Sasin. Are you sure such a compromise solution to the political crisis – I emphasize – we are ready. We can not talk about a compromise, which would rely on the fact that we will depart from the letter of the law. The law in each state laws is that to be respected – believes Sasin. This opinion is a part of the discussion, as the political crisis to end – he added.
We need a political conflict on the Constitutional Court to resolve by agreement between the government and the opposition. Until such an agreement, we are ready. We showed already the road that may lead to it. We hope that the opposition will want to talk to us – emphasizes Sasin.
We were all over the opinion of lean, both government and opposition. Not in Venice, or any other European city, there is no international institution is able to solve this political crisis, only we, here in Poland, through dialogue between the opposition and the authorities; conversation fought alone, and not on the street, during the rallies organized by the opposition – believes Sasin.
fellow party Sasin – Michael Wojcik adds that the Venice Commission proposal to publish Wednesday’s ruling by the Court, is unacceptable. In our opinion, not a judgment, it is the position, the message – says Wojcik.
PO calls for the publication of the judgment of the Constitutional Court
this is an important day, we waited for the message of the Venice Commission, we can clearly say that the Venice Commission supports Poland, Poles and supports the opposition. That’s what we talked about in recent weeks and months, today we get a very clear support. This is a symbolic signal showing how the free world evaluates what is happening in Poland in the last days – said the head of PO Grzegorz Schetyna.
He added that the president Andrzej Duda should – after the opinion of the Venice Commission – draw conclusions as soon as possible and take the oath of three judges. once again strongly appeal also to the Prime Minister Beata Szydło to – as wrote the Venice Commission – has published a record of the decision of the Constitutional Court – said Schetyna.
The head of the club PO Slawomir Neumann noted that the Commission Venetian indicated that a violation of the Constitution also took place at the time of the rule of PO-PSL. We respect this judgment, it is already repaired, because the two judges whose overtime selected in the previous term, is replaced judges selected by the PiS. We expect that the judgments of the Court and institutions such as the Venice Commission, will also respect the parliamentary majority and the persons responsible for compliance with the law and the Constitution, that the president and prime minister – said Neumann.
Petru: A serious crisis of the state
We have a serious crisis of the state – this in turn Ryszard Petru comments on the Commission’s opinion Venetian. Remember, this goes bad reputation in the world. It’s not just TK is also an international body, objective, confirmed that Poland violated the Constitution – says the leader of the Modern.
If the government does not comply with the opinion of the Venice Commission, it will have negative consequences for the Polish, among others weaken the security of the country – is considered the leader of Modern Ryszard Petru. The opinion of the Venice Commission is final and it is a very bad reputation for Polish, says the fact that Poland is violated the law violated the constitution, weakened the Polish democracy – commented the leader of the Modern.
According to Petru critical issue now is that the Polish government has applied to both the ruling TK and the opinion of the Venice Commission. He appealed also to the Prime Minister Beata Szydło to publish the final judgment of the Court in the Official Gazette. If it does not happen, then this will have important consequences not only in Poland but also international – he stressed.
Paul Kukiz: the heads of parliamentary clubs should reach a compromise ws. TK
After the opinion of the Venice Commission, the heads of parliamentary clubs should immediately meet and reach a compromise ws. TK – He considered the leader of the club Kukiz’15, Paul Kukiz. He noted that there is “too optimistic” to these talks because fears that the political parties will want to “exploit the situation in order to pursue their particular interests.”
We do not we participate in this crisis, we are in favor of minor changes to the constitution that will lead to the fact that the judges of the constitutional Tribunal to adjudicate will be in the wider interests of the citizens and not on behalf of the interests of political parties, of which appointment, nomination come – said Kukiz.
He argued that proposed by his club option that 2/3 of the statutory number of deputies pointed judges TK, is the best. If adopted by the Parliament – said Kukiz – “pokazalibyśmy himself and the world that we are a democratic country, in which the interests of citizen stands above the interests of the party.”
According to Kukiz, after the release by the Venice Commission opinion “bitter pill “got the rulers of both the current and previous term. “Throw on the Constitutional Court was both the one and from the other side” – he stressed.
When asked about whether the current situation, the government should publish the decision of the Constitutional Tribunal of March 9, Kukiz said that “so far no We deal with specific issues. ” He said that at this moment the most important is to work out a compromise.
PSL: The President should try to break the deadlock
The president Andrzej Duda should attempt to break the deadlock surrounding the Constitutional Court – consider while MEPs PSL. They call on the President to accept the vows of three judges TK.
So far, the Venice Commission gave its opinion on the situation in countries outside of Europe, a fact today has become issuing opinions on the situation in Poland. This is already causing regret – he said at a press conference in the Sejm deputy PSL Krzysztof Paszyk.
In his opinion, Justice and the government “zakiwał up” when it comes to the deadlock around TK. When the situation very quickly went beyond the Polish borders, then the minister Waszczykowski ordered the opinion of the Venice Commission – he stressed. overwhelmed it is, what was the minister Waszczykowskiemu – rated Paszyk. Foreign Minister Witold Waszczykowski turned to the Venice Commission, which is an advisory body of the Council of Europe for an opinion on the Constitutional Tribunal Act of 22 December 2015.
According to Paszyka, the opinion of the Venice Commission is to give credibility to Wednesday’s ruling TK and she KW no objections to the activities of the Constitutional Court in Poland.
as he spoke, the club PSL calls for the President to as the guardian of the constitution has taken the initiative in the dispute over TK. According to the deputy PSL, is the president “should now move” because Andrzej Duda should return to its previous announcement that on the forum of the National Development Council with the participation of the political and legal attempt to work out a compromise.
head of the EP hopes that the Polish government will use the opportunity to resolve the deadlock
the head of the European Parliament Martin Schulz hopes that after the publication of the opinion of the Venice Commission, the Polish government will use the opportunity to resolve the deadlock and to engage in open debate, to remove the disadvantages of the reform of the Constitutional Court.
According to Schulz’s opinion of the Venice Commission, a body advisory Council of Europe is clear when it comes to criticism of changes in the Polish Act on the Constitutional Court.
Poles bravely fought for democracy and the rule of law in Poland and Europe. Independent Constitutional Court is part of the system of democratic checks and balances – Schulz wrote on Twitter.
The current situation means that the system of democratic checks and balances is now suspended. This is not acceptable in the EU, based on the rule of law – he stressed.
I hope that the Polish government recognizes that the report of the Venice Commission gives the opportunity to break the deadlock, and engage in open debate, to repair defects recent reforms – added the head of the EP.
According to him European parliament hopes that the European Commission will closely monitor the situation in Poland and verify the implementation by the recommendations of the Venice Commission.
the European Commission will discuss Poland after Easter
on the other hand, the European Commission reiterated position that its spokesman presented earlier, just before the publication of the report of the Venice Commission. The European Commission will examine carefully review and draw the appropriate conclusions in the framework of the dialogue with the Polish authorities. The Commission will return to a discussion on the rule of law in Poland after Easter – European Commission spokeswoman Mina Andreew. She recalled that the Commission Vice-President Frans Timmermans would like to meet with representatives of the Polish authorities to personally engage in dialogue.
According to unofficial information, discuss the European Commission for Poland tentatively scheduled on April 6.
In January, the European Commission started a procedure against the Polish protect the rule of law and the immediate reason for this decision was – as explained – failure to comply with the judgments of the Constitutional Court on the choice of the judges. In the end such a procedure could result in the application of sanctions, including ridding the country of violating the rule of law voting rights in the Council of the EU.
Constitutional Court found novel PiS unconstitutional
on Wednesday the decision ws. PiS-esque amendment to the Constitutional Tribunal Act gave the Constitutional Court. He decided that this story is inconsistent, among others, the constitutional principle of appropriate legislation. According to TK, short story prevented the Court “reliable and efficient functioning” and interfered in its independence. 12-man squad TK questioned, among others, determine the full composition as at least 13 judges, the requirement of a two thirds majority for its decisions, warrant consideration by the Tribunal requests the order in extending the deadlines for the processing of cases by the Constitutional Tribunal, the possibility of extinction of the mandate of Judge by the Sejm and the lack of a novel application period.
Two judges rated the dissenting opinions that the Court violated the principle of balance of powers, he should decide the composition of the 15 judges, and act according to the provisions of the amendment. In their view, the president of the Constitutional Tribunal had no reason not to allow the rule of three judges, who were elected by the Parliament of the current legislature, and from which the president took the oath.
(MPW)
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