Wednesday, December 21, 2016

Bernat, Poland: we recognize that the judge Przyłębska is the Chairman of CT Virtual Russia

the constitutional Court will work, but now the conditions of its functioning will be incomparably worse. Still TK acted relaxed, but in fact bound only by the Constitution, – said Vice-President of KT Stanislav Bernat, Poland. When asked Yulia Przyłębską said that judges recognize the chair was created through President Andrew Tennis. – I can only speak on his behalf, but probably also on behalf of other judges, that we recognize the new TC Chairman – said the judge Bernat, Poland.

– of course, will not “revolt” Vice-President and judges selected the previous Sejmy, he said. – Judges konstytucyjni have a deeply rooted sense of service to the Republic, and all of their activities in recent months, evidence of restraint and discipline,” said Bernat, Poland. – Judges do not deserve such a destiny for myself what was in store for them policy in the last few months, he added.

On the question of whether there comes to calm the situation around CT, Bernat, Poland said, “what do you think you can have a doubt that the new law formally make it a basis for functioning TK, however, it is the laws that have stabilized and uspokajały the CT position”.

What do calm you may also have doubts, because until the judgement was made by the three judges, while the CT held that the Constitution was the previous selection of the other judges who were not sworn – to notice. There are legitimate concerns that the sentences of the TRIBUNAL, with the participation of these three judges can be kontestowane bodies applying the law, he added, Bernat, Poland.


– there is No doubt that arbitration in the past several years, judges will have to define its position and to Express its credo, to its functioning. It can be expected that will give any statement or otherwise give public position in this new situation; all this will be within the law, said Bernat, Poland. He added that judges “do not have intentions to act in a way nielicujący with the dignity of the court”.

We are interested to CT quickly and well acted, but we have some concerns. It may happen that the courts will kontestować judgment. But I am a moderate optimist. Can I say patetycznie, but CT is important for the Republic, – said the judge Bernat, Poland.

Bernat, Poland said one of the bills – how to define “particularly painful” – is to eliminate the CT Office and create in this place a new structure, and the change – in his opinion – “is likely to be to replace people.” According to him, after that CT can “is much worse to act.”


For damages in respect of Bernat, Poland TK recognized rating through the world of politics that KT was supposedly from “judges peowskich whether pisowskich”.

- the cadence of the judge and, simultaneously, Vice-President of TC graduate in June 2017; it does not change anything, – said Bernat, Poland. – Change in the post of President does not affect my position. Another thing, what is my actual position in the TOR, because it will depend on Mrs. President, – he added. He recalled that the new law provides that the President may authorize another judge to replace him, bypassing the Vice-President. Is in accordance with the law,” said Bernat, Poland – while you may have very serious doubts whether it will comply with the Constitution.

the Judge, when asked, was also to move to another room. – I’ll take that as malice, a little licującą with the seriousness of the constitutional Court, but not an example to the greater weight, he said, talking about the writing of the new President, that is, to leave the occupied premises. As I said the judge Bernat, Poland, a little surprised that it was one of the first decisions the President Przyłębskiej.

the Room occupied until now Vice-Stanislaus CT Biernata is a judge Yuri Muszyński, which has also been considered as a candidate for the post of Chairman of the CT.

(oprac. Bartosz Lewicki)

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