“From a basic student textbook!!! Another resolution, another violation of the law! Due to the separation of powers, the Sejm has absolutely no authority to assess or review another constitutional body!”, wrote Professor of Legal Sciences Genowefa Grabowska. Earlier, the Constitutional Tribunal also issued a statement regarding the Sejm’s resolution.
“The Sejm of the Republic of Poland, as a constitutional body, has the right to express its positions and opinions in resolutions, but it is not authorized to assess the position and status of another constitutional body – the Constitutional Tribunal – including its judges and its President. Such action is flagrantly contrary to the constitutional principles of the separation of powers in the state, as well as the independence of the judiciary and judicial independence. It forms part of a series of actions by the legislative and executive authorities in Poland that undermine the constitutional order.”, the Constitutional Tribunal recalls.
“Judge Bogdan Święczkowski was appointed to the office of President in accordance with the Constitution of the Republic of Poland by the President of the Republic of Poland (…). No body – Polish, European or international – has the competence to question this appointment (…). Arbitrary positions of the Court of Justice of the European Union or the European Court of Human Rights lack treaty-based foundations, remain merely historical speculations, and do not refer to the current structure of the Polish Constitutional Tribunal.”, the statement reads.