“Within two days you want to carry out a raid on the Constitutional Tribunal, even though for two years you did not elect judges. Article 194 of the Constitution of the Republic of Poland states that terms are individual and judges are elected as vacancies arise. You want to make this choice wholesale, in one move, aiming to take over the Constitutional Tribunal,” said Marcin Warchoł (Law and Justice, PiS), a former deputy minister of justice, speaking in the Sejm today.
The Sejm is dealing with a parliamentary draft resolution “on actions necessary to ensure that the Constitutional Tribunal meets the requirements of a court established by law, independent and impartial.”
In the draft resolution, MPs state that the Constitutional Tribunal “in light of constitutional standards and the international and European standards binding on the Republic of Poland, has ceased to fulfill its function as an impartial and independent body.” It emphasizes that the Sejm of the Republic of Poland “considers it necessary to take steps aimed at shaping the personal composition of the Constitutional Tribunal in such a way that it meets the requirements of a court established by law, independent and impartial, including in particular the election of Constitutional Tribunal judges to vacant positions, taking into account the need to rebuild public trust in this body.”
The resolution was presented in the Sejm by Patryk Jaskulski from Civic Platform (KO).
Warchoł: Tusk Needs His Own Tribunal
During the debate, Marcin Warchoł from Law and Justice (PiS), a former deputy minister of justice, stressed that Prime Minister Donald Tusk applies the law as he understands it.
“An independent tribunal, free from government influence, is meant to protect citizens from the villainy of those in power. Have the courage, Mr. Prime Minister – perhaps you will tell pensioners that they will not receive a 1,200 zł increase. Perhaps you will finally admit to hundreds of thousands of seniors who have been waiting for two years for higher benefits that they will not receive them, that you simply ignore the Constitutional Tribunal’s ruling granting pension increases of 1,200 zł. Because you apply the law as you understand it, and since you do not understand why people need a 1,200 zł increase, you will not publish this ruling. Tell them that you are carrying out an attack on the Constitutional Tribunal only so that there will be no body capable of protecting Poles from the abuses of your dysfunctional government. They will have no last line of defense and nowhere to complain about laws that harm them. You need your own tribunal,” Warchoł said.
He stressed once again that “an independent tribunal exists to defend the rights of Poles, their household budgets and their security.”
“It is meant to protect against ETS2, which will plunder the pockets of Poles. An independent Constitutional Tribunal will not agree to bringing in an army of migrants, and it will not agree that residents of old tenement houses – who cannot afford the costs – should be forced to pay administrative penalties,” the former deputy minister added.
He accused Donald Tusk of paralyzing the Constitutional Tribunal “by not publishing its rulings.”
“Within two days you want to carry out a raid on the Constitutional Tribunal, even though for two years you did not elect judges. Article 194 of the Constitution of the Republic of Poland states that terms are individual and judges are elected as vacancies arise. You want to make this choice wholesale, in one move, aiming to take over the Constitutional Tribunal. Article 197 states that only an act of law may serve as the basis for electing judges – yet you are making this choice based on rules of procedure that can be changed according to the whims of those in power,” Marcin Warchoł argued.
He submitted a motion to reject the resolution at the first reading.
On Friday, the Sejm is expected to elect judges to the Constitutional Tribunal.
On Wednesday, the Presidium of the Sejm recommended six candidates for the Constitutional Tribunal: Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, Anna Korwin-Piotrowska, Magdalena Będkowska and Dariusz Szostek.