The government will attempt again to change the constitutional court, known as the Constitutional Tribunal (TK), after next year’s presidential elections if the president uses his veto to halt current attempts, announced Prime Minister Donald Tusk.
The government has made overhauling the TK a priority in its avowed process of restoring the rule of law in Poland.
According to Poland's pro-EU parties, judicial circles, NGOs, and the European Commission, the TK was politicized by the former ruling party, the socially-conservative Law and Justice (PiS), during its eight-year rule in 2015–2023.
A draft parliamentary resolution was presented by Adam Bodnar, the justice minister, and representatives of the ruling coalition on Monday.
The resolution, which calls on TK judges to resign, is seen as the government's first step in what could be a protracted and legally fraught process to change the body.
Tusk referred to the resolution during a press conference on Tuesday, saying that President Andrzej Duda, who is considered a PiS ally, “will certainly veto” at least part of its provisions.
“The fact that we are trying to do this right now does not mean that we will not renew this attempt. If the president vetoes, [then we will do it] after the presidential elections,” he said.
“We will do everything to make people feel that we are a state governed by the rule of law, although we don't yet have the ability to change all the laws at the moment, let alone the Constitution,” Tusk added.
Poland will hold presidential elections in 2025, and Duda, who will have served two terms in office by then, will be obliged, under the constitution, to step down.
In December 2015, the Sejm, the lower house of parliament, appointed three TK ‘double-judges', despite the fact that a month earlier, parliament had appointed other judges to the same posts.
But the president then went on to swear in the judges elected in December.
In connection with these appointments, the Sejm is planned to state in its resolution that, by the end of 2022, the TK issued 85 rulings with the participation of the “unauthorized persons,” and that Julia Przylebska, who currently holds the post of TK president, is also “an unauthorized person.”
“The Sejm appeals to TK judges to resign and thus to join a process of democratic changes,” the resolution said.
On Tuesday evening, the resolution on the TK was published on the Sejm's website as a parliamentary draft. It was signed by MPs from all coalition caucuses: the Civic Coalition (KO), the Polish People's Party, Poland 2050, and the Left.
Parliament will hear the first reading of the resolution on Wednesday.
According to Poland's pro-EU parties, judicial circles, NGOs, and the European Commission, the TK was politicized by the former ruling party, the socially-conservative Law and Justice (PiS), during its eight-year rule in 2015–2023.
A draft parliamentary resolution was presented by Adam Bodnar, the justice minister, and representatives of the ruling coalition on Monday.
The resolution, which calls on TK judges to resign, is seen as the government's first step in what could be a protracted and legally fraught process to change the body.
Tusk referred to the resolution during a press conference on Tuesday, saying that President Andrzej Duda, who is considered a PiS ally, “will certainly veto” at least part of its provisions.
“The fact that we are trying to do this right now does not mean that we will not renew this attempt. If the president vetoes, [then we will do it] after the presidential elections,” he said.
“We will do everything to make people feel that we are a state governed by the rule of law, although we don't yet have the ability to change all the laws at the moment, let alone the Constitution,” Tusk added.
Poland will hold presidential elections in 2025, and Duda, who will have served two terms in office by then, will be obliged, under the constitution, to step down.
In December 2015, the Sejm, the lower house of parliament, appointed three TK ‘double-judges', despite the fact that a month earlier, parliament had appointed other judges to the same posts.
But the president then went on to swear in the judges elected in December.
In connection with these appointments, the Sejm is planned to state in its resolution that, by the end of 2022, the TK issued 85 rulings with the participation of the “unauthorized persons,” and that Julia Przylebska, who currently holds the post of TK president, is also “an unauthorized person.”
“The Sejm appeals to TK judges to resign and thus to join a process of democratic changes,” the resolution said.
On Tuesday evening, the resolution on the TK was published on the Sejm's website as a parliamentary draft. It was signed by MPs from all coalition caucuses: the Civic Coalition (KO), the Polish People's Party, Poland 2050, and the Left.
Parliament will hear the first reading of the resolution on Wednesday.
Source:
More In Politics MORE...
