The coalition will find out to the Constitutional Tribunal? Hołownia: You have to start filling

My position is that you need to start the Constitutional Tribunal – said Sejm Marshal Szymon Hołownia. As he emphasized, the CT judges must be chosen “under these conditions as they are”.

During the Wednesday press conference, Hołownia was asked about the assessment of the work of the Minister of Justice Adam Bodnar and projects changing the judiciary. According to the marshal, the issue of staying Bodnar in the position “This is the decision of the Prime Minister”. “I can talk about what we had in the Sejm and what we worked on” – he added.

“We had the Act on the Constitutional Tribunal, basically two laws. And it is good that we had them. However, the matters of the Chamber of Extraordinary Control and Public Affairs of the Supreme Court did not terminate. We discussed the issue of neo -szędzi, we did not solve this matter. There is no agreed proposal that could be seen as a government submission. Although it has passed a year and a half. It is a long time. Hołownia.

As he noted, there are four vacancies in the Constitutional Tribunal, and there will be five of them in a moment, because judge Krystyna Pawłowicz gave up. “In a moment this tribunal will become completely non -functional. And here my position is that you need to start this tribunal. At some point, we must decide that we choose these judges to the Tribunal. On these conditions as they are. Since the president does not want to cooperate and help this tribunal heal, you must start these judges, because in a moment there will be eight vacancies, then nine ” – he emphasized.

From the end of April this year. The Constitutional Tribunal has 11 judges on 15 provided for judges. Because the terms of four judges have ended in recent months, this means that there are currently four judges in the Constitutional Tribunal. Sejm clubs – apart from PiS – consistently do not submit candidates. Szymon Hołownia estimated that “you have to start this constitutional court.”

According to the marshal, there may be “some political turmoil” and then – as he said – “some contractual civic platform, some conventional PiS, contractual Poland 2050, or a contractual confederation will cast all judges of the Constitutional Tribunal.”

“If it turned out that the Act on the Constitutional Tribunal, this reform attempt is blocked by the president, then you need to take the next step and consider, however, filling these positions” – emphasized the Speaker of the Sejm.

At the beginning of October 2024, President Andrzej Duda sent two laws to the Constitutional Tribunal in the preventive control mode. These are two laws to reform the Tribunal – a new Act on the Constitutional Tribunal and a law containing introductory provisions.

According to the Wednesday resolution of the General Assembly of the judges of the Constitutional Tribunal, Krystyna Pawłowicz is to retire on December 5 this year, this year – on December 20 – the term of office ends with Judge Michał Warciński. In the next – 2026, the terms also end with the judges: Andrzej Zielonacki – June 28 and Justin Piskorski – September 18.

The Constitutional Tribunal in its current shape is criticized by the current authorities and some lawyers who, citing judgments, including ECtHR and the CJEU assess that it is a politicized institution. March 6 last year The Sejm adopted a resolution regarding the removal of the effects of the constitutional crisis of 2015-2023, in which it stated that “in the activities of the public authority of the public authority of the Constitutional Tribunal issued in violation of law may be considered a violation of the principle of legalism by these bodies.” The Sejm also recognized, among others, that the currently adjudicating Jarosław Wymbak and Justyn Piskorski are not judges of the Constitutional Tribunal. From the adoption of this resolution by the Sejm, the judgments of the Constitutional Tribunal are not published in the Journal of Laws (PAP)

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