The European Parliament has adopted on Wednesday a resolution on the crisis over the Constitutional Tribunal in Poland.
The biggest chances for adoption of a project by the two largest factions in the European Parliament – the European People’s Party and the Progressive Alliance of Socialists and Democrats.
Motion for a resolution PE paralysis TK endangers democracy in Poland
he received the support of three smaller parties: the Alliance of Liberals and Democrats for Europe, the European United Left – Nordic Green Left and the Greens – European Free Alliance.
Motion for a resolution states that the EP is seriously concerned about the paralysis of the Constitutional Court in Poland, which threaten the might of democracy, human rights and the rule of law. It urges the Polish government to the publication of the judgments of the Constitutional Tribunal and the implementation of the opinion of the Venice Commission.
“This is an expression of concern for Poland”
The initiators of the project shall ensure that the resolution is an expression of concern for Poland.
– I want to highlight that we are not against Poland, against the state. We are concerned about the rule of law – said on Tuesday the head of the largest faction in the European Parliament, the European People’s Party, Manfred Weber, who is a politician of the German CSU.
– We are concerned with the situation in Poland, we worry about the people in Poland and the European values. The Venice Commission, and even American partners publicly express criticism of the new Polish government – said Weber.
– We need a strong Polish in the European Union, but unfortunately the new government is going through, which makes this strong Polish us missing . Poland today is silent, because the new government violates the values of the EU and is not active in European politics – said Weber.
According to him, the key demand formulated in the resolution is to “maintain the separation of powers in Poland, namely the full restoration of the rights of the Court Constitutional “.
He recalled that a few years ago, similar discussions were held about Hungary.
– then, however, Prime Minister Viktor Orban was willing to change the law under the European Commission’s proposals, even when it came to constitution – pointed policies.
– Such an attitude would expect from the Polish government. We do not want Poland to dictate anything, but talk to Polish. However, I would expect that the opinions of the Venice Commission, neutral experts, will be implemented – said Weber.
Also, the leaders of the Socialist Gianni Pittella and liberals, Guy Verhofstadt said that the key is to implement the opinion of the Venice Commission on the Constitutional Tribunal Act, by which he asked the Polish government.
– It’s no interference with the autonomy of the Polish government and the European Parliament – pointed Pittella. He expressed the hope that the support of a broad majority in Parliament for the resolution “will be the political signal” for the Polish government.
– It seems to me that if the separation of powers and the Constitutional Court in Poland again begin to function well, it will be easier to solve also other things – assess the German MEP, leader of the Greens Rebecca Harms.
“You have to give reasons for the other”
the second draft resolution of the European Parliament, submitted on behalf of European Conservatives and Reformists by MEP Ryszard Legutko (PiS), states that the cause of the crisis around the Constitutional Court in Poland are the decisions of the previous Parliament.
the fraction of PiS tabled its draft EP resolution on the situation in Poland
– We are dealing with a deep constitutional crisis in Poland. A parliamentary majority in the EP considered that one side is right total, and the other is not – Legutko said.
In his opinion, the European Parliament resolution will have no effect. – This is not a document binding, and will confirm many in the belief that it is malice and bias on the part of the EP – rated.
The document stated that the Law on the Constitutional Court 25 June 2015. and the appointment of its basis in October 2015 just before the elections in Poland, the five judges of the Court “are the causes of the current legal dispute around TK.”
added that” the previous ruling party secured its majority until 14 judges in the 15-man squad of the Constitutional Court, in breach of the basic principle of pluralism of the judges, which is also contrary to the recommendation of the Venice Commission of 1997 “.
pointed out that “the change of judicial appointment by the newly elected parliament was carried out under the normal procedure for self-healing, and points out that there are no grounds to refuse the newly elected parliament the right to decide on the correctness of previous decisions taken during the same procedure. “
the project was considered that the amendments to the law on the Constitutional Court last year, introduced by the government of Law and Justice, simplify the proceedings before the Court and provide clearer rules of constitutionality, as well as limit “too broad discretionary powers of the President of the Constitutional Tribunal in this regard.”
“the EU can not interfere in the internal affairs”
The third project, the EP resolution on Poland. They made it Eurosceptics
The third draft resolution of the European Parliament of Poland, made on Tuesday fraction eurosceptic Europe of Nations and Freedom. It was noted there that the European Union can not interfere in the affairs of the internal policies of the Member States.
“The European Union does not have the capacity nor the mandate to intervene in the internal politics of its member states” – noted in the project.
“the EU should not threaten to application or impose sanctions if the democratic and choices are not going in the direction desired by the Union” – stressed.
in the resolution it was estimated that “the European Commission has already reacted inappropriately, criticizing decisions taken by European citizens in elections and referendums in the other Member States and now intends to focus on the new Polish government. “
the fourth project received from the Eurosceptics of the Europe of Freedom and Direct Democracy, which includes m.in . UK Independence Party (UKIP) Nigel Farage.
The project emphasizes that the crisis surrounding the Constitutional Court is an internal affair of Polish and European Union and its institutions have no right to interfere in it.
Prof. Sociologist, political scientist (x-news.pl, TVN24 )
IAR, PAP, kk
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