Prime Minister Mateusz Morawiecki asked the Constitutional Tribunal to examine the compatibility with the constitution of the Supreme Court resolution challenging the competence of some judges to adjudicate and verdicts issued with their participation, government spokesman, Piotr Müller announced on Wednesday.
The prime minister’s motion was sent to the Constitutional Tribunal on February 24. Morawiecki asked for examining the compatibility of the January resolution of three chambers of the Supreme Court with the Polish constitution and ratified international agreements: the Charter of Fundamental Rights of the European Union, the Convention for the Protection of Human Rights and Fundamental Freedoms, and the Treaty on European Union. Müller emphasized that, according to the Prime Minister, the Supreme Court violated the president’s constitutional prerogative to appoint judges at the request of the National Council of the Judiciary, and – as he added – in violation of the fundamental rule of law, exceeding its competences, it issued a legal act of a legislative nature. In the motion, the PM also noted that the resolution of the Supreme Court introduces an unjustified differentiation between judges of common courts and judges of the Supreme Court – and in addition – between judges of individual chambers of the Supreme Court.