-> ,validPeriod= President of the Constitutional Court. Prof. Andrzej Rzepliński at the hearing ws. Amendments to the Law on the Constitutional Court - Warsaw, 08.03.2016. Authorities Law and Justice party and state deliberately do not publish the monitor Polish Tribunal's judgment even though the constitution ... (Fig. Slawomir Kaminski / Agencja Gazeta) 2 -> just passed the anniversary of May 3rd Constitution. "Freed from shameful, foreign violence orders valuing more expensive than life, personal happiness egzystencyją political independence of the external and internal liberty of the people" of that time Poles accepted it, and today that day solemnly celebrate. Is that it deserves such exaltation? Maybe we should also celebrate April 2, the anniversary of the adoption of the Constitution of the Third Republic? It stands out in the family of European Constitution ethical beauty, a deep faith in the goodness of our community and radicalism in guaranteeing human rights and the protection of the financial. Its strength and originality has its source in the optimism of the founders of the Third Republic - "Solidarity" movement that toppled communism and turned without bloodshed card history of the tragic twentieth century. The authors of this victory are not usually able to ensure that see natural hazards internal, not just external, for our freedom and sovereignty. As a community we do not accept the news that the threat to our state can be born in us. The disregard of the Constitution, treating it as an act that at any time for any reason can be changed, or even the occurrence of against it it is just as destructive as denying the values that have become the springs of the "Solidarity". READ ALSO 3 May 1791. trick May *** Knowledge of the Constitution should be a regular part of public education. With every conflict related to its understanding and application, and the natural disagreements on the scope of powers between the highest authorities of the need to draw conclusions positive - to learn what they mean, and prevent the transformation of such disputes in permanent conflict. The power struggle is inevitable phenomenon. It's just that it was fought within the framework of the constitution. Changing the Constitution because of conflicts is a last resort. The absolute necessity of such a change may be due to eg. The fact that it is insufficiently precise, does not regulate the important sphere of social relations (eg. Labor protection), or conflicts of competence between the authorities can not be otherwise solved effectively. Today, none of these phenomena does not occur, and therefore nothing justifies the "constitutional" to increase the number of judges of the Constitutional Court. You have to finally say that it is a dispute about the legal and political; it concerns the scope of cases brought before the Tribunal and the strength of his decisions, and not the appointment of judges. The so-called. dispute about principles for the appointment and composition of the Tribunal is apparent. Simple and unambiguous provisions of the Constitution does not give the field a different interpretation of the rules and procedure of appointment of judges, their ability to rule and composition of TK. However, for the settlement of their needs most of the ruling needs to change the constitution, and it's pretty fundamental. But the appointment of "their" judges do not give PiS's attention no assurance that they will them even in the coming years, not to mention the whole term of office! Today's conflict with the constitutional position of the Court is harmful also for the current parliamentary majority which can achieve its political objectives effectively and in accordance with the order of law, only has enough work laws. Below any standards debate is the story about the alleged possibilities of different interpretations of the Constitution, when it comes to the choice and duration of tenure of judges CT or to invalidate acts of appointment of judges by the Parliament of the previous term. Likewise, when it comes to non-compliance with the requirement of prior to select a judge before the start of his term (but during the "proper" term of the Sejm), suspension or interruption of the term, the judge elected to properly defined term or suspension or interruption of the ruling by the Constitutional Tribunal. it is impossible to suspend the activities of the Court, because the constitution does not exempt him from the uninterrupted performance of his duties (cf. art. 188: "the Court shall ..."). Hence, the full composition of the Tribunal to be understood as part of the judges, who at the moment of the settlement of the case were in accordance with the Constitution able to rule. Providing 15-member composition of the judges are able to give is the duty of Parliament and the President, if the law requires the adoption of judges oath. In the state, which was the subject of dispute, the 12-bed became a full composition, because many judges were able to rule. Not the Court, then, much less than its president depends on the fulfillment of these obligations. On the other hand, the inclusion of the composition of the judges elected or sworn unconstitutionally mean its obvious breach by the President of TK. The action against the constitution was both the appointment of two judges by the Parliament of the previous term, when the term of office of their predecessors had not yet expired, and the date expiration is attributable to the Sejm of the next term, and calling in the same way - to the cancellation of previous elections - the next three judges from being unable to decide, because the starting date of their term of office has been defined on the day before the expiry of the term of office of their predecessors. no law can not determine the number of judges able to give, because this matter directly controls constitution. The law may, however, set a minimum full composition TK. The number of judges able to rule according to the Constitution will always have precedence before the determination of the minimum full composition. Any consideration of the criminal responsibility as acting composition, completely forced activities and omissions of the legislative and executive power, seem to peak malice . rEAD ALSO: The judges read the Constitution. Court Locutus, causa finita reality gives us sometimes need to alleviate the conflict, even if the dispute was based on appearances, so that the Court could act and was not only expensive facade. However, in no way bears the responsibility of those who to a clear breach of the constitution be helped. The dispute at this level shame, and opponents of the current parliamentary majority gives a convenient instrument of political struggle, if only because the ability to read , the reading of the Constitution, is not "nation" so rare, as many politicians think. Hence the so-called. variety of interpretations insults average legal awareness and intelligence, better educated Poles. We need the political dispute, the essence of which is the natural competition between the legislative and the constitutional court on the boundary of political freedom in the use of the attributes of sovereignty of our country, go out themselves in a positive, creative and at the same time. the idea is to wysłowione was finally how much importance is for our civilizational identity and cultural constitution. We should know its essential features to successfully defend her. We should also determine what is the inviolable core of our identity and security; not to interfere in - as recently occurred - must trigger an immediate, effective immune response. Finally, we must determine how zażegnywać political conflicts between the authorities. The actions of people belonging to one another paralyzing power should be punishable. It is not a mere political struggle within the system, but its destruction by hostile obvious violation of the constitution. This, of course, plan for a long time. Not settle the most important cases - paralysis of constitutional judiciary. Without restoring fully the Court's position, we can not even think about the current repair. *** We have reasons to be proud of our Constitution. First of all, let's say about the preamble, one of the finest acts in the history of constitutional law. It unites people who believe in God and do not share this belief, but share the same values. "Inherent human dignity," conscience - these are the words referred to by the preamble. He speaks not only of justice and good, but also the beauty, of the human family. Next pride that guarantees the rights and freedoms of economic, social and cultural rights. These guarantees must also be confronted with many unprecedented to the extent that in the constitutions of other financial restrictions, designed to protect the balance of public finances and the financial sovereignty of the state. This is the opposite and will be a source of conflict. Hence, perhaps, comes the fear of a parliamentary majority of the Court's intervention in the matter of political decisions. But imagine so. simple, fast and reckless changes to the Constitution or to withdraw from the guarantee of social rights or the abolition of the constitutional restrictions on funding. Any such solution would be bad. It would also defeat our ambition to reconcile these in opposition to each other goods protected. Finally, we must finally tell you how much was the introduction of revolutionary art. 8 paragraph. 2 in connection with paragraph. 1 of the Constitution - to the obligation to direct its application, unless the Constitution itself provides otherwise. Well, that common understanding of this principle in the end came. It is not only a weapon in legal disputes, but also becomes the foundation of our community. It connects us because the conviction that every part of the Constitution is important, is the right fit for use and one that must be used. The applicable laws are not only rules on the organization of the state and its authorities, but also the values that our society is held together in the nation. Video "Magazine of the Christmas" is something more - more special topics, extraordinary people , the most important events, interesting comments and tasty threads. Every weekend you will learn interesting recipe, listened to the interpretation of the line and admit that it is a miracle, you will learn what's hot - in politics, culture, and science. ' 'Magazine's Christmas'' read also: The execution of Jews from Redziny-Borek. "What do you when your life when you have money you do not have" marked Smolensk. Interview with Bogna Szymkiewicz United Polish European Republicans in the US. Righteous horsemen of the Apocalypse Hey, see, spring through the window William Shakespeare. It was if he was not there? trap that heal Subscribe to digital Electoral available through the internet, phone, tablet and eReader from 19.90 per month to assess login or zarejestrujX
Prof. dr. Teresa Dębowska-Romanowska
lawyer in 1980-81 expert of "Solidarity". After the imposition of martial law cooperated with the underground "S". In the Third Republic creator of the concept of the general subsidy for municipalities and regional audit chambers. Judge of the Constitutional Court at rest. She sat there in 1997-2006.
Europe is no free lunch. Interview with Guy Verhofstadt
How many wars do we still need to unlearn nationalism? Americans enough one home forever
Działoszyce and Miechowie of Jews did not ask
life is nothing compared with the submission of flowers. So a Polish warrant
Until Englishman will say: "our Cracow", the Spaniard: "Our Paris" and the Pole: "our Berlin" will not be a repeat of the Holocaust, carpet bombing, Majdanek concentration camps, Gestapo dungeons and torture UB. So I do not go out of Europe
Jaroslaw Kaczynski says he learns from the Hungarians, but the political masters found in America
Who bows Moscow, who is the footstool of America, who has the scepter, who crown. You do not want to listen to these stories. Interview with Catherine Nosowska and Paul Krawczyk
400 years ago was born the most famous English playwright. We speak the language: love and refugees
For children with autism using our applications is like learning to play the piano. Exercise after a few hours each day. As time goes you better. Except that instead of notes you learn to read other people
Why so much look for?
No comments:
Post a Comment