International News Articles: The President signed a new law on the Constitutional Court

Saturday, July 30, 2016

The President signed a new law on the Constitutional Court – TVN24

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TK ruled & # x142 ;, & # x17C; the president should accept & # x105; & # x107; & # x15B, gaining pleasure from the three s & # x119; today & # XF3, in — Photo: Lukas Plewnia / Wikipedia Commons CC BY SA 2.0 | Video: tvn24 The conflict surrounding the Constitutional Court has been going on for over half a year

Pose & # x142; PiS: Without exaggeration. US State Department spokesman is not an oracle & # x105; — Photo: Lukas Plewnia / Wikipedia Commons CC BY SA 2.0 | Video: tvn24 The conflict surrounding the Constitutional Court has been going on for over half a year

President Andrzej Duda on Saturday signed a new law on the Constitutional Court – the President’s Office said. The intention of the PiS – which prepared a draft of the output – the law is a response to the crisis, how many months it takes around TK.

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Parliament completed work on the Law of the Constitutional Tribunal on 22 July. It will replace the existing law on the Constitutional Tribunal of June 2015. The new law will come into force after 14 days from the announcement.

According to Justice Act intersects disputes over TK. According to the opposition mode on the bill violated legislative procedures, and some of its provisions unconstitutional and does not take into account the recommendations of the Venice Commission.

According to PiS new regulation is a throwback to the provisions of the Constitutional Tribunal from 1997., But contains important modifications.

the ability to defer

According to the law full Court is at least 11 judges. It has, among others, decide in cases of particularly complicated. The full composition has also investigate: the President’s veto to the laws, the law on TK, conflicts of jurisdiction between the State, an obstacle to the exercise of the office of President of the Republic, the constitutionality of the activities of political parties. Constitutionality of laws will examine the compositions 5-bed. Lineups 3-bed will examine, among others, the constitutionality of other normative acts, eg. the regulations. Decisions in all the compositions fall will be by simple majority.

It is envisaged that during a meeting of the full Court judgment 4 judges may object to the draft judgment, the issue is important for reasons of political or public order. Then the council odraczałoby by 3 months. The next meeting of the judges would suggest a proposal for resolution. If re-meeting again 4 judges złożyłoby opposition, again there will be 3 months postponement would take place before the next meeting and vote.

Changes in publications judgments

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Court for a long time not to fix deadlines for hearings, in order to first examine the December novel Tribunal Act by PiS. 9 March 12-man squad Tribunal ruled that the entire novel violate the constitution. According to the government it was not a judgment – because it was issued without the provisions of the amendment – and therefore has not been published. Unpublished are also further judgments issued by the Tribunal. A total of 9 March collapsed 21 convictions.

Therefore, according to the law – after its entry into force within 30 days will be published judgments of the Tribunal before the 20th of July – as defined – in violation of existing regulations. Publication but subject to judgments on these normative acts, which lost force. This means that it will not be published judgment TK March 9, unconstitutional amendment of the Law on the Constitutional Tribunal of December ub.r.

The new law stipulates that the president of the Tribunal directs a request for the judgment to the Prime Minister. Currently, ad judgments president manages itself.

Compulsory admission to the rule

Judges TK, who took the oath to the president and to the entry into force of the Act did not take responsibility, the president of the Constitutional Tribunal will have to turn to arbitration panels and assign them to the case. At the beginning of July, the president TK Andrzej Rzepliński in Parliament said that “can not admit to rule three persons selected on the space already successfully planted.”

Today – as we read on page TK – three judges elected on October 8 by previous Sejm Roman Hauser, Andrew Jakubecki and Krzysztof Ślebzak “expects to submit vows”, and three chosen December 2, from which the president took the oath Andrzej Duda Henryk Cioch, Lech Morawski and Mariusz Muszyński – “is expected to take judicial duties.” To rule does not allow the president TK.

“queuing” matters

The new law TK is to examine applications in the order of their influence – the exception would be to study the president’s veto, the budget law and TK, proposals for compliance with the Constitution of the purposes or activities of political parties, and – obstacles in the exercise of office by the President and the conflict of competence authorities.

the principle of “queuing” generally includes requests to TK from eligible entities – that is, from the President, marshals of the Sejm and Senate, the Prime Minister, 50 deputies and 30 senators, and the President of the Supreme Court, the presidents of the Supreme Administrative Court and the Supreme Chamber of Control, the Attorney General, the Ombudsman, the National Council of the Judiciary, local authorities, national bodies of trade unions and employers’ organizations and professional organizations, churches and religious associations. This rule does not apply to constitutional complaints of citizens and legal questions the courts.

In this regard, the Senate introduced, however – and the Parliament accepted – an important amendment, according to which the president of the Tribunal may set a date for the hearing without the order of receipt, if ” it is justified by the protection of freedoms and rights of the citizen, national security or the constitutional order “- even though, at the request of 5 judges could consider it again.

for the particular case judges appointed will be by the President of TK according to alphabetical order, taking into account the type of case and the impact of the order.

in cases initiated but not completed before the entry into force of this Act shall apply its provisions. Cases initiated legal question the court or constitutional complaint to be resolved in CT within one year of its entry into force. Applications submitted by the competent authorities, and pending before the law entered into force, TK could suspend for six months, calling for complete them according to the new rules.

The hearing could not take place earlier than after 30 days of service of the parties notice of its time.

If before the entry into force of the new law has been designated date of the hearing, the hearing will be postponed, and the bench adjusts to the provisions of this Act. The trial date is determined then on again.

No change in the nominations

It preserves the current provision that candidates for TK represents at least 50 deputies or the Presidium of the Sejm and the parliament chooses a judge absolute majority of votes . According to the law, President and Vice-TK appointed by the president from among the three candidates submitted to it for each post by the General Assembly of the Judges of the Constitutional Tribunal.

Participant of any proceedings before the Tribunal will be able to be Ombudsman if the reports in their shares.

According to PiS rules change “is formally complete, and the law will have a new shape.” “But in practice, the change will be easy to accept. Its foundation is after all the law known good state authorities, including TK, because under it ruled a few months ago” – assessed the authors of the new solutions.

The veto or challenge before signing a bill, the President appealed to the president TK Andrzej Rzepliński. Also, the National Judicial Council called for the appeal against the Constitutional Tribunal Act. Appeal to veto a law or redirecting them before signing the Tribunal issued a four associations of judges.

Author: DLN // gak / PAP

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