Is Andrzej Duda avoiding signing? The Constitutional Court

angora24.pl 9 months ago

The president was asked about his cooperation with Prime Minister Donald Tusk's government. Andrzej Duda stated that there was no shortage of moments of tension between them, although he no longer considered to be a associate of the opposition party.

Of course we are from 2 different political camps, due to the fact that everyone knows what political camp I come from, but present I am no longer part of this political camp, I am not a associate of the Law and Justice Party. I am the president of Poland, part of the executive authority according to the Polish constitution. And today, he and the government are doing tasks for people. And that's the most crucial thing for me. – he said.

Unconstitutional elements?

When asked about his cooperation with the government in the context of the anticipation of compromise on ambassadors and courts, Andrzej Duda replied that if the Constitutional Court Act was consistent with the Constitution, he would sign it. As he immediately added, So far, everything points to the fact that there are elements that are unconstitutional.

The fresh law provides that judges will be elected by the Sejm with a majority of 3/5 votes, provided at least half of the statutory number of Members is present. Candidates must be between 40 and 70 years old, and within 4 years before their election they must not service as a Member, Senator or associate of the European Parliament, nor be members of the Council of Ministers or political parties. The bill besides introduces a 14-day deadline for the president to take the judge's oath, counted from the date of election by the Sejm.

In early September, the Sejm accepted the Senate's amendments to the Constitutional Tribunal's laws. Thanks to them, elected by the Sejm, justice TK will be able to make a vow before the notary, without the President's presence. The laws besides introduce full transparency of the judges' property statements.

Appelle to the President

Marshal Simon Hołownia, after the vote ended, called on president Andrzej Duda to sign the bill.

My appeal to the president to sign this bill, due to the fact that it is simply a hand drawn towards the president by Parliament, in this direction, that we solve the crisis around the TK together – He said.

As Peter Szymaniak noted in Republic of, the Act contains peculiarly crucial regulations to address the problem of double judges. They mention to persons elected to the judges already in office by judges, from whom president Andrzej Duda did not take his vows.

The president of the ultimate Bar Council, the lawyer of Przemysław Rosati, besides addressed the president directly. As he stressed in his letter, a fast resolution of problems related to the Constitutional Court is simply a substance of public interest. He pointed out that the absence of a decently functioning Court, and thus effective control of public authority, was beneficial to any authority, but not serving average citizens. In the opinion of the president of the NRA, the signing of both laws by the president will trigger the process of restoring the Court to its constitutional functions and tasks and will aid reconstruct assurance in the process of controlling the constitutionality of the law in Poland.

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