Bogacki: The position of the Sejm on the election of the judges of the Constitutional Tribunal does not answer fundamental constitutional doubts

naszdziennik.pl 3 weeks ago

The position of the Chancellery of the Sejm on the procedure for the election of judges of the Constitutional Court does not answer the fundamental constitutional doubts raised by the President," said the Prime Minister Zbigniew Bogucki in a letter addressed to the talker of the Sejm today.

Zbigniew Bogucki, as he reported, addressed a letter to Marshal Czarzaste asking him to clarify 2 issues. The handwriting scan was attached in an X entry published by him.

"First of all, no answer was given to the question of why the constitutional rule of the individualisation of vocations, as expressed in Article 194(1) of the Constitution, was not applied to the selection of judges on 13 March 2026," wrote Zbigniew Bogucki. This principle, as the Head of the NAP added, assumes that the election of a justice of the Constitutional Tribunal must be "in close connection with a circumstantial vacancy and a circumstantial word of office" and cannot be regarded as a "collective political act relating simultaneously to many positions".

Zbigniew Bogucki besides pointed out that in the past, the Sejm had chosen the judges of the Constitutional Tribunal as “a specific, individually marked place related to the word of office of a certain justice whose word of office expired within a certain period”. He assessed that the simultaneous election of six judges of the Court is so contrary not only to the Constitution of Poland, but besides to the seismic practice.

In this regard, the Head of the National Court of Justice asked the talker of the Sejm why, in the motions made by the Sejm concerning individual candidates for judges of the National Court of Justice did not indicate "where a justice whose word of office expired on a circumstantial date is elected a candidate for judge".

Zbigniew Bogucki stated that he did not receive a answer to the second question from the Chancellery of the Sejm – why the Sejm did not take action to fill vacancyes for judges of the Constitutional Tribunal in due time, despite the fact that the expiry dates of the individual word of office were known in advance. He stressed that this issue is besides related to a violation of the Polish Constitution. "Apostasy to take the procedure at the time prescribed by law and then cumulatively after the next word of office was a clear departure from the principles of appropriate and predictable filling of posts in the constitutional body," said the Head of the NAP.

He besides assessed that the deficiency of consequence of the Chancellery of the Sejm to this circumstantial – as he stressed – question "should be read as a silent confession that the deficiency of action of the government coalition was calculated to paralyze by the government and the majority of Parliament's activities of the Constitutional Court and to deliberately destruct this constitutional body". The head of the NRP called on the talker of the Sejm to present to the president the motives that justify specified action.

APW, PAP

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