Already on Tuesday, May 6 this year. At the Constitutional Tribunal, a hearing is to take place on the presidential application for examining compliance with the constitution of the Budget Act for 2025. The Tribunal will meet: Rafał Wojciechowski, chairman, Bogdan Święczkowski, rapporteur, Krystyna Pawłowicz, Stanisław Piotrowicz and Andrzej Zielonacki. This means that the so -called Judges of duplera, or Justyn Piskorski and Jarosław Wymbak.
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The budget is implemented despite the reservations
In January this year. The president signed the budget act, but in February – after her entry into force – he submitted to the Constitutional Tribunal a request to examine its compliance with the constitution. This means that The Act is currently being implemented, despite the fact that part of its provisions has been questioned.
The point is that the parliament, when adopting the budget to 2025, the parliament cut the original budget of the three so -called Holy cows: the National Broadcasting Council by PLN 55 million (i.e. 54 % less compared to the plan presented), the National Council of the Judiciary by PLN 6.5 million (i.e. by 23 %) and CT by PLN 10.8 million (i.e. by 17 %). These institutions send their financial plans to the Ministry of Finance at the stage of writing the state budget project, and the ministry must include them without any interference. Only at the stage of work in the Sejm can they be corrected. And this usually happens, but not as much as this time.
However, the president only questions the reduction of expenses for the National Court Register and the Constitutional Tribunal. Raises The allegation of violation of Art. 10 of the Constitutionwho talks about the Tri -Highland of Power. The president indicates that the adopted measures are insufficient to carry out constitutional tasks by these bodies, which interference in the independence of judicial power.
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What could be the effects of the CT judgment?
If the Tribunal accepts the President's request and finds the non -compliance of the provisions indicated with the Constitution, This may result in the need to restore the amount of TK and KRS expenditure to the level included in the original draft budget act.
The situation is complicated by the fact that From March 2024, the current government does not recognize the rulings of the Constitutional Tribunal – They are not published, and therefore do not cause legal effects, despite the fact that according to the constitution they are final and have universally binding power.
In the event of a positive decision by the Constitutional Tribunal, everything indicates that The government will ignore the tribunal's judgment again. This can lead to another crisis political and difficult situation for the Minister of Finance, analogous to the one related to the refusal to pay the subsidy to PiS by the National Electoral Commission.
Waro should remind you that the president chose the subsequent control mode also on the budget for 2024. However, this conclusion did not take care of this conclusion.
