NEWS
24/01/2020
09:48
Müller:
PM Deems it Appropriate for the Constitutional Tribunal to Ultimately Resolve Legal Doubts Arising from Yesterday's Resolution of Three Supreme Court Chambers
- In connection with yesterday's decision, the resolution of three chambers of the Supreme Court, Prime Minister Morawiecki decided to submit a motion to the Constitutional Tribunal to examine the compatibility with the Constitution of the legal provisions used yesterday to issue the resolution of the three Supreme Court chambers. The motion aims to have the only constitutionally authorized body examine whether the provisions applied by the Supreme Court yesterday can be used in such situations. The motion aims to examine whether the status of judges appointed by the president is decisive - stated Piotr Müller at a press briefing at the Chancellery of the Prime Minister. He added:
"We emphasize that the Supreme Court does not have the competence to create the content of legal provisions binding in Poland. This competence is reserved for the Sejm and the Senate, as well as for executive bodies, if, of course, they receive appropriate authorization in the law. Furthermore, the Supreme Court does not have the competence to repeal existing legal provisions. This competence is reserved for the Constitutional Tribunal. Finally, it does not have the competence to determine who is and who is not a judge in Poland. This competence is reserved for the prerogative of the president and is also regulated in the Constitution. Yesterday's Supreme Court resolution introduces chaos on an unprecedented scale. Therefore, the Prime Minister deemed it appropriate for the Constitutional Tribunal to ultimately resolve any legal doubts that have arisen in connection with yesterday's resolution of the three Supreme Court chambers. Due to the special nature of this matter, Prime Minister Morawiecki will ask the Constitutional Tribunal to consider this case in full composition and to consider it on an expedited basis, the fastest possible, in connection with the legal chaos currently prevailing or likely to arise due to yesterday's resolution of the three Supreme Court chambers."
- The competent state authorities decide in individual areas when it comes to conflicts between statutory law and the Constitution. In this regard, according to the Constitution of 1997, the Constitutional Tribunal rules. Consequently, yesterday's resolution of the three Supreme Court chambers introduces chaos, and in our opinion and the Prime Minister's opinion, a ruling from the Constitutional Tribunal is necessary to verify whether the legal provisions used yesterday to adopt this resolution are in compliance with the provisions of the Constitution, in the scope in which they were used, because, in our opinion, they were applied in an expansive manner inconsistent with the provisions of the Constitution - said the government spokesperson.
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