• The fraction of EKR, which includes the PiS MEPs, tabled a draft resolution to the EP ws. Polish
• According to the project the cause of this crisis are the decisions of the previous Sejm
• The EP would also welcome the appointment of an expert group
In the document, filed on behalf of the faction by its deputy head of Ryszard Legutko, he indicated that the Constitutional Tribunal Act of 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 cause the current legal dispute surrounding the Constitutional Court. ”
It added that “the previous ruling party secured its majority until 14 judges in the 15-man squad TK, thereby infringing the basic principle of pluralism of the judges, which is also contrary to the recommendation of the Venice Commission of 1997″.
The European Parliament “stresses that a change in the judicial appointment by the newly elected parliament was carried out under the normal procedure for self-healing, and stresses that there are no grounds to refuse the newly elected Parliament the right to decide on the correctness of previous decisions taken in the course of the same procedure, “- stated in the draft resolution.
Previous ruling party secured its majority until 14 judges in the 15-man squad TK, thereby infringing the basic principle of pluralism of the judges, which is also contrary to the recommendation of the Venice Commission of 1997 Fragment of a draft resolution by EKR
According to the draft EP would also be considered that the amendments to the Law on the Constitutional Tribunal of last year, introduced by the PiS government, simplify the proceedings before the Court and provide clearer rules of constitutionality, as well as reduce the “too broad discretionary powers of the President of the Constitutional Tribunal in this regard “.
The project emphasizes that “the resolution of the Constitutional Tribunal of 9 March 2016 was Proceeded and adopted among the 12, not 15 judges in breach of the rules of procedure and is contrary to Art. 197 of the Constitution, which requires the Tribunal to adhere to their own regulations. ” It is estimated also that, in accordance with the Constitution Polish government “can not publish any resolutions adopted in violation of the regulations.”
According to the draft EKR Parliament would also welcome the appointment by the Speaker of the Sejm of the expert group, which has to deal with the recommendations of the Venice Commission on the Constitutional Tribunal Act. The text recalls that the President of the Venice Commission “made it clear that reform of the Tribunal remains an internal matter for Polish and should be carried out by the relevant national authorities”, which is also in line with the EU principle of subsidiarity.
“In light of the above, the European Parliament stresses that this issue can be addressed properly only if all participants of the Polish political scene will act responsibly and to reach a compromise,” – stated in the draft resolution, tabled by fraction EKR.
Most of the other political groups in the European Parliament support the second critical of the Polish government’s draft resolution, on which negotiations are still in progress. A preliminary version of the resolution calls on the Polish government to fully implement the opinion of the Venice Commission on the Constitutional Tribunal Act, as well as to the publication of judgments of the Court, and also supports the European Commission’s decision to launch a dialogue with the Polish government to investigate whether the crisis around the TK is not a systemic threat to the the rule of law.
According to sources in the EP Socialists would like to expand the scope of matters to be covered by the resolution, beyond the crisis around TK. They propose, among others, to add there a record of concern initiative tighten Polish anti-abortion laws. In turn, the Christian Democrats and the Liberals want the resolution was limited only to the case of the Court.
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