• President Andrzej Duda has signed amendments to the Law on the Constitutional Court, which passed parliament on Tuesday
• The President made a statement at the Presidential Palace
• – It is not true that this bill weakens TK – stated the President
• New rules have come into force on the day of its publication
• The amendment of the Constitutional Tribunal Act assumes that the Court is in principle rule on the full composition comprising at least 13 to 15 judges
• Decisions will be taken by a 2/3 majority
– After the analysis, upon reflection, I made today a decision on the signing of the amendment to the Constitutional Tribunal Act. I believe that this short story helps to strengthen the position and situation of the Constitutional Court, the situation above all in terms of public perception, but the situation also in the sense of what is essential for the Court, or adjudication, guided by purely legal – the president said in a statement to media at the Presidential Palace.
He added that if we have the principle of separation of powers, if decisions taken by parliament to be respected, the Court should adjudicate matters set at full strength, with increased majority. – They are lawyers who have different political and ideological, but also often different views law. Increased majority is a guarantee that that lawyers in the vast majority agreed with him – said Duda.
According to the president the solutions adopted in the novel Tribunal Act “strengthen the position and the seriousness of the Court, in the eyes of society”.
The president added that in his opinion, Poles expect peace. He appealed to parliamentarians that the “end futile disputes” that make Poles do not want an interest in politics. – Call for consideration in the discussions, I appeal for prudence in words. Remember that every word is heard not only in the country but also abroad. Please tell the truth, and not manipulated. Also, these facts, which have legal value. I call for objectivity – stressed the President. – I believe that this law will contribute to the settlement of the dispute by the Constitutional Court – he added.
“A year of good changes”
– I believe that next year will be a year of good changes – the year lowering the retirement age of choice, or self-determination for everyone, whether you want or not want to work longer, it will be the year in which will be adopted in Polish Parliament Act boost tax-free amount, so that in everyday portfolios was more money – stressed the President.
He also expressed hope that next year will be adopted law on a 500-zloty allowance for children. – These are important issues, they have been waiting Poles – said Duda.
The signing of the bill by the President announced in his statement published on the website of the Chancellery.
The Sejm passed an amendment, by Law and Justice, after a stormy debate on Tuesday late evening. The opposition protested against changes. AFTER he announced to challenge the amendment to the CT; on Wednesday submitted to the Court to so. securing that amendment did not enter into force until the Constitutional Tribunal will not issue a judgment in the case.
On Wednesday, the amendment dealt with the Senate. First, for over seven hours discussing the new legislation Senate committees. Then – after midday. 18 on Wednesday to 3.20 on Thursday – took a Senate debate. In the conducted before the hour. 4 morning, the Senate adopted an amendment to a vote without amendments.
The amendment provides inter alia that TK is in principle rule on the full composition comprising at least 13 to 15 judges on the Constitutional Tribunal (now the full composition of at least 9 judges). The seven judges will be investigated and, among others, complaints constitutional and legal questions the courts. Decisions of the full composition will be taken by a 2/3 majority, and not – as now – the usual. In addition, the deadlines for examining applications will be designated in CT by order of receipt.
According to the opposition amendment to the Act paralyze TK, because extend the average time examining cases in CT and will, in many cases no verdict – to the inability to obtain a 2/3 majority of the judges.
As a rule, the Constitutional Tribunal hearing could not take place earlier than 3 months after receipt of notification of the participants in the proceedings of its time and in full composition – after 6 months. President of the Tribunal could shorten these deadlines by half among others in the case of a complaint or legal question relating to the direct violation of freedoms, rights and duties of man and citizen.
In the proceedings initiated and unfinished before the entry into force of the amendment, the hearing could not take place earlier than 45 days after service of the participants notice about the date thereof, and in a case in which adjudicates full composition – at 3 months.
In addition, it is assumed that the General Assembly TK would no longer state of expiry of the mandate of the judge (as now), but prepare for the Sejm request for his submission “in a particularly egregious cases” and disciplinary proceedings against a judge TK can be institute also at the request of the president or the minister of justice (today do not have such a right). New judges will consist of TK oath – as now – before the President.
The Act plotted chapter Fri. “The proceedings for a declaration of obstacles to the exercise of the office by the President”. Another amendment provides that Article. 1 of the Constitutional Tribunal, which now reads: “TK (…) is the judicial body set up to exercise of powers specified in the Constitution and laws” would be deleted the words “and laws”.
The amendment of the law criticized the environment. In a manner decidedly negative spoke about her m.in .: National Council of the Judiciary, the Association of Polish Judges “Justice and Peace”, the Polish Bar Council and the Helsinki Foundation for Human Rights.
The Law and Justice deputy Prime Minister assessed that the project will calm the situation around TK, and the “well-functioning Court” is in the interest of the state.
– The law is really good, it strengthens the Constitutional Court and absolutely do not agree with those opinions that say that this is paralysis. No, it is to organize CT. In any democratic country is debate about TK – said on Thursday in the morning, after a vote in the Senate, the Speaker of the House of Stanislaw Karczewski.
On Wednesday, First Vice-President of the European Commission, Frans Timmermans wrote to Foreign Minister Witold Waszczykowski and Minister of Justice Zbigniew Ziobro letter with a call to refrain from adopting this amendment.
On Thursday, Foreign Minister appealed to the Venice Commission for an opinion on the legal solutions contained in the adopted by Parliament amendments to the Constitutional Tribunal Act. Waszczykowski request to the Commission justified the conviction that “The Constitutional Court is one of the important elements of the institutional order of the Republic, and as soon as possible to finish accrued controversy around it.” Venice Commission, also known as the Venice Commission, an advisory body of the Council of Europe.
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Shame for life Duda.