President Andrzej Duda Refers Sejm’s Constitutional Tribunal Bills for Preventive Review Instead of Signing Them

President Andrzej Duda has chosen not to sign the bills passed by the Sejm regarding the Constitutional Tribunal (CT), which aimed to restore the constitutionality of the institution. Instead, he has decided to refer the legislation to the Constitutional Tribunal for preventive control.

Constitutional Chaos

In a justification published on the website of the President’s Office, Duda argued that, in his opinion, both the Act on the Constitutional Tribunal of September 13, 2024, and the accompanying implementing law, dated the same day, are unconstitutional.

“The provisions adopted in the legislation concerning the Constitutional Tribunal undermine the legal security of citizens and could deprive them of many rights acquired through the Tribunal’s rulings,” reads a statement from the Presidential Chancellery.

The president believes that the regulations contained in the bill will lead to “a level of constitutional chaos that is currently impossible to foresee.”

“To illustrate the nature of these risks, it is important to note that the provisions being contested would annul around 100 rulings of the Constitutional Tribunal, stripping them of their legal effect. A significant portion of these rulings pertains directly to the protection of human rights and freedoms, and they are highly beneficial to citizens. This approach undoubtedly undermines their legal security,” the statement emphasizes.

The president also argues that the bills introduce a previously unknown legal concept, the “person unauthorized to adjudicate,” to challenge the status of certain CT judges, which he claims is legally flawed.

An Attempt to Restore the Rule of Law

The new Constitutional Tribunal Act and the accompanying implementing law represent an attempt to restore the rule of law within the judicial system, which has been heavily undermined by the United Right government.

At the heart of the constitutional system’s dismantling in Poland lie the changes introduced by the Law and Justice Party (PiS) to the laws governing the CT, which allowed for the illegal replacement of Tribunal members before the expiration of their terms, thus politicizing the institution. As a result, lawmakers are now compelled to find a way to remove from Poland’s legal framework the rulings issued by the CT under the participation of judges who were unlawfully appointed.

The transitional provisions, which the president has contested, are designed to repeal and adapt existing legislation related to the functioning of the CT and to annul rulings made in recent years by the Tribunal with the involvement of “persons unauthorized to adjudicate.” Under the new regulations, these rulings would be deemed “null and void and without legal effect.”

New Rules for Appointing Constitutional Tribunal Judges

At the same time, the new CT law would allow for the appointment of a new Tribunal composition. According to the provisions challenged by the president, CT judges would be elected by the Sejm with a three-fifths majority, with at least half of the statutory number of MPs present. Candidates would also need to meet specific criteria:

– be between 40 and 70 years old,
– not have held the office of MP, senator, or MEP, been a member of the Council of Ministers, or held membership in any political party in the four years preceding the election,
– regularly submit asset declarations.

The regulation also establishes a 14-day deadline for the president to administer the judicial oath, counted from the date of election by the Sejm. The law stipulates that the oath-taking ceremony would not need to involve the President of the Republic but could instead be conducted in the presence of a notary.

Both bills concerning the Constitutional Tribunal, along with a resolution adopted by the Sejm in March and a proposed constitutional amendment, form part of a comprehensive reform package for the CT prepared by the Ministry of Justice under the supervision of Minister Adam Bodnar.

The above text was published by OKO.press on October 7, 2024.

https://oko.press/na-zywo/na-zywo-relacja/duda-blokuje-zmiany-w-tk-kieruje-ustawy-do-kontroli-prewencyjnej