Tag: Constitutional Tribunal

After six years, Julia Przyłębska’s Constitutional Tribunal has set a date in April for examining the alleged competence dispute between the Supreme Court and the President over pardons. There can only be one objective – to block the Supreme Court in examining the case of the deputy head of PiS, Mariusz Kamiński

When it comes to the reckoning – and the first act of reckoning will be the CJEU judgment on the legality of the Tribunal – it will turn out that it is only (with the accent on ‘only’) ‘President Julia’ who is responsible for the whole of the demolition of the rule of law. The others were ‘only implementing the judgments of the Constitutional Tribunal’.

The European Commission is accusing Poland that the Constitutional Tribunal is breaching the legal order of the European Union and the rights of EU citizens with its rulings. The Commission is also contesting the choice of the ‘stand-ins’ and Julia Przyłębska as President of the Constitutional Tribunal. That is why it is referring the case to the EU Court of Justice. What happens next? Our explainer.

‘The whole of the Polish Constitutional Tribunal has lost its ability to adjudicate lawfully,’ held the Supreme Administrative Court.

Professor Wojciech Sadurski, a constitutionalist, proposes his concept for repairing the Constitutional Tribunal.  ‘The current Constitutional Tribunal is one hundred percent illegitimate,’ he argues. And explains why he thinks so, and how to remedy this if the opposition wins the elections.

A motion has been filed with the Constitutional Tribunal to punish retired Judge Wojciech Hermeliński for allegedly breaching the principles of judicial ethics. We look at statements made by the current judges of the Constitutional Tribunal in terms of their ‘apolitical nature’ and ‘good practices’

If you are a Polish judge and you intend to apply European standards on judicial independence, think twice. You are facing suspension, as well as disciplinary and criminal proceedings. Either the end of your career or, at best, a long and unpleasant break. This is the situation in Poland, a European Union Member State, at the dawn of the 21st century.

Retired judges of the Constitutional Tribunal state that the judgment in question is another scandalous example of jurisprudence violating the Constitution. Challenging Article 6 of the ECHR for the second time in a short period of time (previously in the judgment of 24.11.2021, K 6/21) is a drastic jurisprudential excess.

The selectivity in complying with ECtHR judgments was dressed up to appear as the checking of the constitutionality of the provisions of an international convention.  This is why the operative part of the judgment of the Constitutional Tribunal states that Article 6 of the ECHR is unconstitutional, which in itself is outrageous. 

Just like the Prime Minister’s motion and the Constitutional Tribunal’s judgment of 7 October, the prosecutor general’s motion in case K 7/21 contains criticism of the European Court of Human Rights acts, that are nowhere to be found in the courts’ case law.