Tag: Constitutional Tribunal

The Constitutional Tribunal, headed by Julia Przyłębska, ruled that the CJEU’s interpretation of Articles 1 and 19 of the EU Treaty is incompatible with the Constitution. The Prime Minister used the Constitutional Tribunal to block judges from invoking CJEU judgments and to have a para-argument in the negotiations with the European Commission.

‘Concerns are increasingly being voiced that our country has reached a critical point in its recent history, and that it is up to the Constitutional Tribunal, among others, to ensure that the path of development chosen in 1989, based on the principle of a democratic state of law and integration with Western Europe, is not interrupted.’ – a statement by 25 retired judges of the Constitutional Tribunal

The Constitutional Tribunal presided over by former PiS MP Stanisław Piotrowicz ruled that the CJEU’s interim orders on the structure of courts in Poland are inconsistent with the Polish constitution. During the hearing, the CJEU suspended the Disciplinary Chamber of the Supreme Court with such a ruling.

Ombudsman Adam Bodnar was defending Poland’s place in the legal order of the EU at the Tribunal. Meanwhile, the President, the Prosecutor General and the Sejm agree with Minister Morawiecki’s motion to the Constitutional Tribunal. The hearing was adjourned until Thursday 15 July at 1 p.m.

The Constitutional Tribunal will consider Prime Minister Mateusz Morawiecki’s motion to examine the constitutionality of the provisions of the EU Treaty on 13 July. ‘The applicant is acting in bad faith and creating a false conflict between EU law and the Constitution,’ explains Professor Stanisław Biernat. This is an interpretation of international law like that from imperial states, from Russia,’ considers Professor Jerzy Kranz.

The president of the court in Gorzów Wielkopolski ordered the removal of an important judgment regarding the omission of Julia Przyłębska’s Constitutional Tribunal ruling from the database of judgments. The judgment will return to the database after the full data of Mariusz Muszyński from the Constitutional Tribunal is deleted and his identity is concealed under the initials “M.M.”. The public prosecutor is joining the case.

In response to a request to remove an unlawful judge from a bench, the Constitutional Tribunal decided that the judgment of the European Court of Human Rights concerning the Tribunal’s composition is of no legal significance.

In the Ipsos poll* for OKO.press, Poles were asked whether they think it is appropriate that people who until recently were PiS MPs, active in public life, are the Constitutional Tribunal judges. As many as 65% of the respondents said it was wrong, with as many as 49% saying it was “decidedly wrong”. Just 23% said it was normal practice.

We obtained an English translation of the Prime Minister Morawiecki application for constitutional review of the Treaty on the European Union dated 29 March 2021

On 28 April 2021 the Constitutional Tribunal will be considering a case P 7/20 in response to a question of law concerning the constitutionality of the second subparagraph of Article 4(3) TEU (principle of sincere cooperation) in connection with Article 279 TFEU (power of the Court of Justice to grant interim measures).