Crisis in Poland. Government resolution on the Constitutional Court

wbijamszpile.pl 6 months ago

The Government adopted a resolution in which it decided not to print the Constitutional Court (TK) rulings in the authoritative Journals. This is simply a crisis in Poland. The reasons for this were that the Constitutional Tribunal, in its current composition, is acting against the Constitution and that publication of its rulings could "perpetuate the regulation of law crisis". This decision is controversial, especially in the context of the fundamental principles of the democratic regulation of law.

The Constitution of the Republic of Poland clearly defines the Constitutional Court as a body of judicial authority. It is he who decides on the conformity of legal acts with the essential law. The resolution of the Council of Ministers, suggesting not to print the decisions of the Constitutional Tribunal, undermines the fundamental constitutional mechanisms. It is worth noting that the work to print decisions of the Constitutional Tribunal derives from the provisions of the law – Article 190(2) of the Constitution of the Republic of Poland. Failure to print judgments can lead to legal chaos, as unpublished decisions are not formally implemented, which affects the stableness of the legal system.

Crisis in Poland. Law or dictatorship?

The government argues that the operation of the TK in the current composition is incompatible with the constitution. However, refusing to print decisions can be seen as a unilateral, escalation of the crisis alternatively of solving it.

Such decisions undermine the independency of the judiciary and may be interpreted as an effort to subjugate the courts of the executive authority.

Read more: A survey. Most Poles criticize Donald Tusk's government

Political impacts and global implications

The decision of the Council of Ministers will surely affect the global reception of Poland. The EU institutions which monitor the state of the law in the associate States may consider this resolution as a further step towards weakening the tripartition of power. specified actions strengthen arguments about the systemic problem with compliance with the regulation of law in Poland.