Tuesday, March 8, 2016

The right to the Constitutional Court. Tomorrow judgment “repair bill” Justice – Gazeta Wyborcza

  -> ,validPeriod=,recurring=false,paymentUnfinished=false,unfinishedOrderId=,offerId=,lastPayment=,inProgressOrderId=,consentOrderId=,capVisible=false,email=,emailHash=,marketingMessage=,loginChannel=,loginMode=] ->


 
 
 
 
 
 


 

 
 
 

 

 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
           
           
             

             

                  
             President of the Court & # x142; at the Constitutional Andrzej Rzepli & # x144; ski
                  
 
                  
                 
                    

President of the Constitutional Court Andrzej Rzepliński (Fig. Slawomir Kaminski / Agencja Gazeta)

                  
                  
                  


                  
             

             
         
     
   
   
   
 
 
 
 
On Wednesday, the Constitutional Court will announce the verdict on the "repair bill," which the Court of Justice paralyzed. Law and Justice deputy prime minister announced that the verdict will not be published.

 
 
 
 
 
 
 
 
 
 
 
 
 
                          
 

                 

 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
         


Article open within the free limits subscription digital

          1 ->

At the hearing failed to appear or representatives of the Marshal of the Sejm, or the Council of Ministers, or the Attorney General. Present were the applicants' repair bill ": the first representative of the President of the Supreme Court, representatives of the PO deputies, Modern and PS, who complained about the law, the Ombudsman and representatives of the National Council of the Judiciary, as well as organizations that had called. Opinion friend of the court: local attorney and legal advisor, and foundations: Helsinki and Batory.

The trial lasted for hours. 9 to 18. First, the judges rejected the request of the new Attorney General of the postponement of the hearing for at least 14 days so he could prepare for it. The Court recalled that the parties were notified and asked about the position in mid-January, and the change of the Attorney General does not justify the postponement, because there is a principle of continuity of institutions of the state.

When the Court continued hearing, minister of justice and four days Attorney General Zbigniew Ziobro called a press conference at which he stated that the Court has no right to judge "the Act restorative", omitting the procedure.

the applicant bill acknowledged that it is unconstitutional as a whole - because of the mode of its adoption ( including violation of the principle of three readings, because the basic solution was introduced as an amendment). Unconstitutional are also its various solutions, including:

* an obligation to rule on the order of impact issues;

* at full strength minimum of 13 judges;

* a majority of two thirds majority;

* folding judge from office and granting consent to disciplinary proceedings by the Parliament;

* request a disciplinary penalty to the judge by the Minister of justice.

the applicant They argued that the Court has the right and duty to rule on "law repair" without its procedures and we refer to the Constitution and the law before the PiS amendment.

law so bad he can be denied legal effect

Appearing on behalf of the Supreme Court attorney. Margaret Wrzołek-Romańczuk recalled the words zeszłowiecznego legal philosopher Gustav Radbruch that there is a law that is so wrong and unfair he can be denied legal effect.

Borys Budka (PO) stressed that judges TK subject only to the Constitution: - Rule order of receipt of cases could make no law adopted in this term could not be assessed by the Court . The legislator could for example. Abolish the Supreme Court. And the Court could assess this in a few years.

Kamil Gasiuk-Pichowicz of Modern: - Act would prevent the Tribunal to adjudicate. Deputy Piotrowicz said - will not prevent us to Court, you pick this last redoubt. While its adoption experienced in the parliament from the PiS violence legislation.

ROP Adam Bodnar: - the power of the Parliament adopted the law seeks to deprive citizens of basic mechanism of protection of their rights, or does this mechanism extent unpredictable. At the time of the constitutional complaint, a question of law, the application of an abstract question arises when the Court could take up the matter. Arises a question about the irreversible effects that these laws will trigger before the Court in their case decide.

Bodnar recalled the preamble of the Constitution, which refers to the "bitter times when human rights in our country have been violated."

Under the guise of a simple law changed the constitution

Dr Peter Kładoczny on behalf of the Helsinki Foundation said that "the law repair "is a" hoax "in which under the guise of a simple law changed the constitution.

Dr Marcin Matczak the Foundation. Batory - This bill is an act of aggression against the constitutional order. The law unconstitutional in the design of direct - he said, referring to the Criminal Code provides for a form of offense. - If the Court judge "law repair" of its procedures and ruled them unconstitutional, the judgment would be based on the unconstitutional law and so by law - invalid - emphasized mec. Matczak.

The applicants were of the opinion that the judgment recognizing the unconstitutionality of the provisions "of the Act restorative" "revive" the provisions repealed or modified by those declared unconstitutional, so there will be loopholes in the law.

Premier law and Justice deputy press conference in Minsk Mazowiecki announced that the judgment of the Court does not publish (Official Gazette seems government Legislation Centre):

- At the moment, they held a two-day meeting of judges of the Court, which is not carried out according to law. My duty is to publish these decisions and documents, which have been taken under the law. Tomorrow's the message that will present these judges TK, there will be a judgment in accordance with the law, so I can not break the Constitution and to publish such a document.

         


         


Article open within the free limits

Why so much look for?

Subscribe to digital Electoral available through the internet, phone, tablet and eReader from 19.90 per month

         
 
 
 
 
 
 
 


 
 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
        
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
                                     
                                     
                                     
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
  
 
 
   
   
 
 
 
 
 
 
 
 
 
  
  
 
 


Comments (5)
  •  
     
     
     

     
     

                             
                               
                               
                                 We have of your coat ...
                               
                             
                           


     
     
     
     

     
     

     

  •  
     
     
     
     

  •  
     
     
     

     
     

                             
                               
                               
                                 Why chat group of judges (? Maybe the politicians) are to be recognized by the legally elected by the people of power? Is the tribunal a single organ of the President Rzepliński? If there are others who think lawyers occupying jobs judges TK? Does everyone have to go meekly to be the only legitimate thinking President TK uzurpującego himself as President of the Polish?
                               
                             
                           


     
     
     
     

     
     

     

  •  
     
     
     
     

  •  
     
     

     
  •  
     
     
     
     

  •  
     
     
     

     
     

                             
                               
                               
                                 Szydlo and Ziobro to wiezeinia! I wonder if they will also call "meeting of the judges' hearings for their teeth to put a poodle, or maybe already then pass them FOR IN throat the word" hearing "and" judgment. " At Zulawy, a heavy robot!
                               
                             
                           


     
     
     
     

     
     

     

  •  
     
     
     
     

  •  
     
     
     
     


     
     moskwasadowa!
     
     


     


     
     

                             
                               
                               
                                 Professor Zoll with the threat Szydło on the publication of a judgment TK:
    "If the government does not publish, we have legal chaos. I can not say what would apply. Valid decision of Mr Kaczynski. And then it is a dictatorship."

    I have different political views of the professor, but as for the legal assessment I agree with him completely.
                               
                             
                           


     
     
     
     

     
     

     

  •  
     
     

To assess Login or zarejestrujX

 

 
 
 


 
 

 
 
 
 

 
 
   
 
 
 
 

 
 
 

 
 
 
 

 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 

LikeTweet

No comments:

Post a Comment