‘Twenty-two judgments of the Constitutional Court issued in 2024 were inactive not published in the applicable authoritative journals," wrote president Bogdan Święczkowski in a letter to Prime Minister Donald Tusk. "The persistent failure to print the Constitutional Court's judgments constitutes a constitutional delict and may fulfil the characteristics of a prohibited act," he warned the Head of Government.
The president of the Constitutional Tribunal Bogdan Święczkowski stressed in a letter addressed to Prime Minister Donald Tusk that he was demanding the publication of 22 judgments of the Constitutional Tribunal issued in 2024.
Dear Prime Minister, acting on the basis of Article 190(2) of the Constitution, Article 114 of the Act of 30 November 2016 on the organisation and procedure of proceedings before the Constitutional Tribunal (Journal of Laws of 2019 item 2393; hereinafter: the Act on the organisation of the Constitutional Tribunal) and Article 9(1) point 6, Article 10(1) point 4 and Article 21 of the Act of 20 July 2000 on the publication of normative acts and certain another legal acts (Journal of Laws of 2019 item 1461, as amended; hereinafter: the Act on the publication of normative acts), I request you, as the Prime Minister of the Council of Ministers, to issue to the president of the Government Legislative Centre Ms Joanna Knapina an order to print 22 judgments of the Constitutional Tribunal in the authoritative diary of the Republic of Poland or in the authoritative diary of the Republic of Poland, the Monitor of Poland, respectively. In accordance with Article 21 of the Act on the Publication of Normative Acts, The Prime Minister issues the diary of Laws and Monitor of Poland with the aid of the Government Legislative Centre
“ He said.
I would like to remind you that inactive no twenty-two Constitutional Court judgments issued in 2024 were announced in the applicable authoritative journals.
He stressed.
I would remind you that, in accordance with Article 190(2) of the Constitution, decisions of the Constitutional Court shall be immediately notified to the authoritative body in which the normative act was declared. Pursuant to Article 114(1) of the Constitutional Tribunal Act, decisions shall be published in the applicable authoritative diary in accordance with the rules and procedures laid down in the Constitution and the Act on the publication of normative acts
“ president TK pointed out.
At the same time, I inform you that by letters dated 16 May, 2 July and 20 August 2024. The president of the Constitutional Court addressed the management of the Government Legislative Centre 3 times with a request for the notification of decisions of the Constitutional Tribunal, which has not yet occurred. The persistent failure to print the judgments of the Constitutional Court constitutes a constitutional delict and may fulfil the characteristics of a prohibited act
— finished.
Letter to the Holown
Bogdan Święczkowski besides wrote to the talker of the Sejm of Szymon Hołownia, in which he called for actions concerning the filling of vacancies in the TK.
He recalled that on 3 December 2024 the word of office of the judges of TK Mariusz Muszyński and Piotr Pszczółkowski ended and on 9 December the justice of TK Julia Przyłębska.
Pursuant to Article 30(3)(1) of the Resolution of the Sejm of the Republic of Poland of 30 July 1992 – Rules of Procedure of the Sejm of the Republic of Poland (M. P. of 2022, item 990 as amended; hereinafter: Rules of Procedure of the Sejm), proposals on the election of individual persons to the position of justice of the Constitutional Tribunal shall be submitted to the Marshal of the Sejm within 30 days before the end of his word of office. No candidacy has been submitted within the time limit indicated in the Rules of Procedure of the Sejm. It should so be stressed that regulation 30(1) of the Rules of Procedure of the Sejm grants the right to submit specified applications not only to a group of 50 Members, but first – the Bureau of the Sejm, chaired by Mr Marshal
“ He pointed out.
It is widely known that Mr Marshal has set an additional deadline until 11 December 2024 to submit proposals for the selection of individual persons as justice of the Constitutional Court. 2 candidatures were received on the last day of the deadline: Mr Mark Ast and Mr Artur Kotowski. On 11 December both applications were given the number of seismic printings — 898 and 899 respectively. On 12 December 2024, both prints were sent to the Committee on Justice and Human Rights for an opinion. 3 Commission meetings have been held since then: 19 December 2024 and 8 and 16 January 2025. Nevertheless, no opinion has been drawn on the applications submitted, and the proposals for the selection of designated persons as judges of the Constitutional Court have not even been the subject of the Commission's deliberations. Nor did the Parliament recognise the conclusions in plenary
He stressed.
I would like to remind you that the provisions of the Rules of Procedure of the Sejm must be interpreted in accordance with the provisions of the Constitution of the Republic of Poland, and in peculiar in the light of Article 194(1) of the Constitution, which states that the Constitutional Tribunal consists of 15 judges, elected individually by the Sejm for 9 years from among those who stand out with legal knowledge. The advanced home so has a constitutional work to elect 3 Court judges whose word of office ended in December 2024. In the light of Article 110(2) of the Constitution, the peculiar work in this respect is on the Marshal himself, as chair of the Sejm's deliberations. The absence of the appointment of the judges of the Constitutional Court means a violation of the Constitution due to the omission of the advanced Chamber and the Marshal in person
“ president TK wrote.
I anticipate the Marshal to take all possible steps to immediately identify the 2 proposals for the selection of the persons indicated in them as judges of the Constitutional Court. The procedural obstruction seen in the activities of the bodies of the Sejm, including the Committee on Justice and Human Rights, led by Mr Paweł Sliz and the Bureau of the Sejm, to which the Marshal presides personally, is contrary to the clear standard of regulation 194(1) of the Constitution.
He stressed.
At the same time, I would like to remind you that the 3 positions of the Constitutional Court judges are presently vacant. In view of the expiry of the additional deadline on 11 December 2024 for the submission of applications for the selection of individual persons as 3 Judges of the Constitutional Tribunal and for the submission of only 2 candidates, it is the work of Mr Marshal under the Constitution and the Rules of Procedure of the Sejm to announce another deadline. In view of the above, I request full information on the actions taken by the Marshal in the absence of a constitutional creative function of the Sejm on the election of 3 judges of the Constitutional Court.
— concluded Święczkowski.
SEE ALSO:
As/tribunal.gov.pl
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