Constitutional Court – composed of 11 judges – on Wednesday at. 13.45 is expected to announce sentence on. Code provisions relating to the electoral rights of election commissioners. This will be the first ruling does not concern the provisions of the Tribunal since the beginning of the dispute over TK.
Hearing that the Tribunal took place in plenary session, chaired by the president Andrzej Rzepliński, the Judge-Rapporteur is Mirosław Granat. – It is not that TK resumes today works TK even for a single day did not stop their work – said at the start of the hearing Rzepliński.
– The Court considers that there is a very well explained to judgment, and yet it would be better if turning up the participants statutory, ie. the representatives of the Prime Minister, the Speaker of Parliament and the Attorney General – said in turn Rzepliński at the end of the trial.
at the hearing, showed up for the representatives of the Supreme Administrative Court, which asked the question on , the National Electoral Commission and the mayor of Chernihiv (which concerns the question NSA). The Tribunal failed to attend while the representatives of Parliament and the Attorney General.
letter from the Attorney General
President Andrew Rzepliński at the beginning of the trial reported that a few minutes before the starting received a letter from the Attorney General. – In general, this is writing the manual of cases by the Constitutional Court and the failure to the provisions of this manual can result in legal consequences for judges TK – he said.
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“in connection with the publications of notices for the diagnosis of cases by the Constitutional Tribunal in cases of unknown law and bypassing statutory regulations applicable to the determination of deadlines for hearings and meetings, which should be recognized cases pending before the Tribunal, I must inform you that the Attorney General can not participate in this the type of activities of the Court. it also means the inability to submit written observations on matters fall under the authority of the Constitutional Court, as the presentation of these positions in the situation could be received, even by public opinion, as acceptance on the part of the Attorney General to act contrary to the law on the Constitutional Court, and consequently also of the Constitution, which in Article 197 clearly determines that the Court can only operate in the mode specified by law “- proclaimed the section of the letter read by Rzepliński.
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0:16 pismo.mp3 Chairman Andrzej Rzepliński read a letter from the Zbigniew Ziobro (IAR)
“Scripture is not the instruction”
the Ministry of justice presented the letter prosecutor General to the Constitutional Court. Justice Ministry spokesman Sebastian Kaleta told IAR that are untrue words of the President of the Court of Andrew Rzepliński, the letter was supposedly instructions and contained threats.
– words prof. Rzepliński during today’s occurrence does not reflect the content of the position of the Attorney General. There are no warnings or threats against judges. This letter is also not any instruction – the spokesman said.
Sebastian Kaleta reported that the Attorney General presented a list position to dispute the Constitutional Court, consistent with earlier statements on the subject.
the first hearing
this is the first hearing in the Court since the beginning of the dispute over the cast of judges and regulations Court. The chairman of Andrzej Rzepliński informed that the Court conducts a hearing under the Act of 1997, because the amendment by the PiS was a month ago questioned.
But it is precisely for this reason did not attend parties prosecutor and a representative of the Sejm, which criticized at the beginning of the trial Margaret Masternak-Kubiak of the Supreme Administrative Court. As she spoke, the NSA “does not understand why a representative of the legislative power and the attorney general disregard our legal question.” Margaret Masternak-Kubiak added that this question is of great importance for the functioning of local self-government and individual rights.
The conflict over TK
Senate Speaker Stanislaw Karczewski said on Wednesday morning that the Constitutional Court may not rule in its current composition. PiS politician argued that it is inconsistent with the legislation.
– I repeat once again my appeal and request to the Constitutional Court to lower the temperature of the political dispute. Law and Justice initiated a good dialogue, and we want this dialogue to lead – said Stanislav Karczewski.
PO wants explanation ws. letter to the judges TK
Later Wednesday, the PO wants to submit a request to the Speaker of the Parliament for an urgent convening of the parliamentary justice committee, during which the Minister of justice-Attorney General Zbigniew Ziobro would explain the writings which he sent to the judges TK – said deputy Krzysztof Brejza.
– As the Civic platform we make today a request to the Speaker Kuchciński urgently convene the justice committee and the invitation of the Minister of justice – prosecutor General Zbigniew Ziobro and will demand from him clarification on this shocking case – said during a press conference Brejza.
– We are deeply concerned about the content of this letter, and it really instruction – said Brejza. – Instruction, in which the Attorney General, who is a politician, argues forces (…) – criminal sanctions. This is a threat directed not only to the President of the Constitutional Court, but to all the judges of the constitutional democratic state of law, which is to Poland – he added.
According to the deputy letter of the Minister Ziobro to TK is “a very dangerous signal” for all Polish courts. – Any moment it turns out that the Attorney General of the “pisokratury” will direct instructions to the district courts, district courts – said Brejza.
The head of the commission Justice and Human Rights deputy Stanislaw Piotrowicz (PiS), told PAP that the group Members have the right to demand to convene an extraordinary meeting. – Commission meeting will be held. The decision on convening a month. Surely we can find an appropriate moment to sit in the subject, by which concludes PO took place – he added.
“Two steps back”
To the letter Ziobro also referred at a briefing in parliament chairman of the PSL Wladyslaw Kosiniak- Kamysz, which holds that it is “two steps back” – when it comes to resolving the dispute over TK. – After the departure of the representatives of the European Union, falls (from PiS) desire for dialogue, and the tightening of position – he stressed.
According to the President of the PSL, letter Ziobro is “setting the angle of the Constitutional Court.” “All the guests (EU) and most opposition parties calls for the publication of the judgment of the Court, and we have another wave of attack on TK. This will not lead to out of the situation” – he argued.
– PSL is in favor of dialogue, but the dialogue must be based on respect for the rights of each party, and not that drawn into a game, theater – said Kosiniak- Kamysz. He added that if there is no solution to the dispute over TK is “badly it would end for Poland and Polish.”
– appeal (PiS), to persevere at least more than a week in order to establish a dialogue in Poland . If PiS has good intentions, it does not grow in such a radical way as today (shows) sent a letter – said the president of PSL.
“Who rules in Poland?”
Outraged letter Ziobro are also politicians Modern. – Today’s letter Zbigniew Ziobro shows that it manifests authoritarian inclinations. I have a question: who governs in Poland – Minister Ziobro and Jaroslaw Kaczynski, the dog wags its tail or the tail wags the dog? “- Asked the leader of Modern Ryszard Petru.
He noted that a few days ago, after meeting with the leaders of the party Kaczynski declared willingness to dialogue on the conflict around TK. – Usually, the armies fighting each other, that’s for peace talks going with good intentions, and if a few days later, one of the generals hits, and in TK, and threatens the judges of the Court, this can be seen as a declaration of war – rated Petru.
– Either this is in agreement with Jaroslaw Kaczynski, then I would expect the explicit declaration of Jaroslaw Kaczynski, or is inconsistent with that, what he thinks Jaroslaw Kaczynski, then it should be the immediate resignation of Zbigniew Ziobro – said the leader of the Modern.
Deputy Speaker of Parliament Barbara Dolniak recalled that the rule of law is based, among others, on the tripartite division of power – legislative, executive and judicial . – This means that the judiciary can not issue administrative decisions or enact laws, and the executive can not interfere in the judgments issued by the courts. The courts pass judgments, and if someone does not agree with the content of judgment, he has the right of appeal – stressed the MP Modern.
She said that the prosecutor has no legal basis to ensure that control, check the regularity of the operation process taken by the judge or the President of TK. – Otherwise, there is the respective roles of the government, and hence – violations, in the case of the judiciary, one of the basic principles of our legal system – predictability and judgments – noted Dolniak.
Spokesman Kukiz ’15 Jakub Kulesza asked by PAP, as estimated Wednesday meeting of TK and lists Ziobro, said: “on the one hand, the Constitutional Court decides collected and acting contrary to the law, passed by the majority of the government, but on the other hand, the government is not possible to prohibit the collection of the Court and to rule whether these meetings are legal or not, it is impossible to deny the publication of decisions TK “- he said.
” I hope you will reflect “
Letter justice Minister Zbigniew Ziobro to the President of the Constitutional Court is a call for action in accordance with the law and should be treated as information – evaluate PiS politicians. In their view, incompatible with the law is Wednesday’s hearing of the Court.
A spokeswoman for the club of Law and Justice Beata Mazurek told reporters in the Parliament that it is not surprising that the hearing did not participate representative of the Attorney General. As emphasized by Minister Ziobro, “he said repeatedly that it will not participate in the process, which began the Constitutional Court, because the composition, the number of judges, he proposed TK is incompatible with the law, which was by the Sejm adopted.”
As she spoke, the PiS leader Jaroslaw Kaczynski began a dialogue, addressing the Sejm speaker Marek Kuchciński an invitation to the leaders of political parties to a meeting. – All except the Civic Platform emerged (from the meeting) satisfied all hope that these meetings will continue and we all took note that it has a team of experts, which was established by Marshal Kuchciński – said Mazurek. She expressed the hope that the dialogue will continue.
A spokeswoman called for it to wait for the results of work by a team of experts with the assessment activities PiS.
In her opinion, there is also nothing strange sent by Minister Ziobro letter to the President of the Tribunal. “I do not agree with the narrative, that one must not everything, while others are not allowed to do. Opposition must go to Brussels for us to report, and the justice minister is not allowed to write a letter to the President of the Constitutional Court. This is really sick” – said Mazurek.
the head of the parliamentary justice committee Stanislaw Piotrowicz (PiS) criticized the actions of the Court, particularly its chairman. – Do not just wear a toga, wear a chain around his neck and sit in a good position to judge. Sentencing must be within the law. On the basis of what law it proceduje Court today? There proceduje on the basis of the Constitutional Tribunal Act, nor proceduje based on the Constitution, because the Constitution presupposes that the Court consists of 15 judges – told PAP Piotrowicz.
– We have a clear example of non-compliance with the law . The Constitutional Court put themselves above the law and other authorities. The Court does not intend to adhere to the laws, breaking the constitutional order. The Court, which is to uphold the constitution, breaking it – he added.
Piotrowicz stressed that in order to resolve the current dispute are required “to talk about a political nature.” He added that subsequently the need to change the constitution, which points out, among others, The Venice Commission, as well as the change of the Constitutional Tribunal Act.
Petrovich pointed out that it is appointed by the Speaker of the Sejm expert team. Issues the Constitutional Court. “Experts will examine the recommendations of the Venice Commission. We’ll wait for the results of the team. Perhaps many of the issues will be settled on the basis of changes in the law on TK” – said Petrovich.
– I hope that reflection will come. Because the biggest problem is the president of the Court. I have the impression that the attitude of the President of the Court begins to pinch some of the Court’s judges, who must feel uncomfortable – he added
“The prosecutor can not participate in fiction”
– If the constitution is violated, then these actions the Attorney General will definitely not be involved and sanctioned, and from what I know, TK wants to break the art. 197 of the Constitution in calling mode unforeseen Act further their meeting – said on Tuesday the Minister of Justice-Attorney General Zbigniew Ziobro, when asked about the participation of a representative of the prosecution in the trial. He added that it should be published judgments of the Tribunal, but “do not have any positions that made outside the rules laid down in the constitution and laws.”
– The Prosecutor’s Office upholds the rule of law. The prosecutor can not participate in the fiction that really does serve only certain interests of the political party, to exert pressure on a solution – said Zbigniew Ziobro.
Dispute Tribunal
on Thursday, judges have to announce judgments on matters relating to the Customs Service and the reimbursement process.
will be the first case since the dispute over the cast of judges and regulations of the Court.
once last TK gave judgment on unrelated provisions relating to the Court on November 24 last year. President Rzepliński announced that TK starts to set deadlines for additional cases after the diagnosis of December novel Tribunal by PiS. March 9 Constitutional Court, that the whole amendment violates the Constitution by PiS. According to the government it was not a judgment, and therefore will not be published.
Recognized by TK unconstitutional amendment of the Law on the Court changed, among others, number of trains judges during the hearings. Cases designated CT on Wednesday and Thursday will take place in a jury determined on the basis prior to the amendment of Law and Justice.
The new law on TK?
in mid-March in the “Rzeczpospolita” PiS leader Jaroslaw Kaczynski asked for another ruling TK, said: “advantageous or unfavorable opinions adopted by a bunch of judges will be treated as + non est + – non-existent.”
– perhaps you will need a special law, which will regulate the legal consequences of actions of representatives of state institutions operating in violation of the law – he said then Kaczynski. After the meeting, party leaders in Parliament last week, Justice spoke about the plans of the enactment of another law that will regulate the situation around the Court.
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