“Everyone who knows my CV is aware that in the past I handled cases that challenged the authorities exercised by Law and Justice (PiS) and that I am not afraid of conflict with the legal community regardless of political preferences,” attorney Michał Skwarzyński told TV Republika and Niezalezna.
Law and Justice (PiS) has nominated candidates for judges of the Constitutional Tribunal, including yourself, while at the same time doing so conditionally by requesting an interim measure from the Tribunal regarding the actions of the Sejm until the Constitutional Tribunal rules on the procedure being pushed by the coalition. Why?
By requesting that the Constitutional Tribunal secure the actions of the Sejm, Law and Justice (PiS) highlights an obvious fact: it is the Constitutional Tribunal, as an independent constitutional body, that has the authority to assess the constitutionality of what the coalition is pushing forward. At the same time, by putting forward its own candidates, it is engaging in a struggle for the Tribunal – so that the ruling majority does not take it over by installing its own nominees and effectively subordinating this independent body. There is also another aspect, namely testing the coalition and verifying the words of, for example, Minister Żurek about allegedly restoring the Tribunal’s legitimacy, which he claims operates with a flawed composition. By nominating candidates who have experience defending human rights, challenging the executive branch and defending the law even against their own professional environment, Law and Justice (PiS) is telling the coalition: “We call your bluff – present your candidates with such experience and proven independence.”
Everyone who knows my CV knows that in the past I handled cases that challenged the authorities exercised by Law and Justice (PiS) and that I am not afraid of conflict with the legal community regardless of political preferences. They know that I have experience both in legal battles and in using European courts. Where are these candidates independent of Tusk’s camp who, with the coalition’s backing, are supposed to enter the Tribunal? Why is this coalition imposing such a procedure for selecting judges precisely now, breaking every possible procedure provided for by the Constitution?
The vacancies in the Constitutional Tribunal and the Sejm resolution related to them appeared in 2024.
The Sejm failed to fulfill its constitutional duty, delaying the matter until now. Now it is even breaking the seven-day period that MPs should have to familiarize themselves with the candidates. They are in such a hurry, contrary to the law and despite their supposed great concern about repairing the Constitutional Tribunal.
Do you expect to have the opportunity to present your assessment of the situation and yourself to MPs?
At least to those who sit on the Sejm committee. I hope that there will be an opportunity to confront the candidates put forward by the parliamentary majority. Of course, this would be a confrontation of legal arguments and a comparison of experience. However, I believe the coalition will do everything to prevent such a confrontation from taking place in front of public opinion. In fact, it is not even clear when the committee would hear us. Theoretically, candidates are to be submitted on Wednesday, the committee would meet on Thursday and the vote would take place on Friday. However, this schedule may change, for example with the committee being convened on Wednesday evening so that neither the candidates, nor the MPs, nor the public have time to familiarize themselves with our arguments.
It is difficult to assume that you, the defense lawyer of Father Olszewski and the author of numerous complaints to the European Court of Human Rights against the current authorities, would gain the support of the majority…
I have no illusions. However, it will show citizens that what the current coalition is doing has nothing to do with substantive debate and is purely political. This is a takeover of the Constitutional Tribunal that Tusk’s people want to appropriate. And they are doing it against the law, against human rights conventions and against the judicial community. This is clearly stated in the position of the judges’ association Judges of the Republic of Poland. If the candidates nominated by Law and Justice (PiS) are rejected, Poles will have proof that Tusk’s people want to steal the Tribunal from them and appropriate it to pursue their own goals rather than to safeguard citizens’ rights. “This must not be allowed.”