Six judges of the Constitutional Court took a vow in the Sejm. 2 of them had previously been sworn in at the Presidential Palace, but against the remaining 4 Karol Nawrocki refused to accept the vows.
First before the Sejm and later before the Constitutional Tribunal there were PiS militias, including mainly "Gazeta Polska" clubs and the Border Defence Movement with Robert Bąkiewicz at the head.
The head of KPRP Zbigniew Bogucki writes about "farse" and "parody", but as if he does not announcement (or thinks Poles are idiots) that the biggest charade and parody of the law and 3 divisions of power is done by president Karol Nawrocki and his cabinet.
President Over Constitution
Lawyers, constitutionalists, experts not only by name – according to which the President's sole competence to elect judges to the Constitutional Court (and the Court of State) is to take a vow from them. The president has no right to block it or decide whether or not to take a vow from legally elected judges.
This was even noted by erstwhile president Andrzej Duda, who hosted the PiS MP Krzysztof Szczucki.
– The president is bound by a resolution of the Sejm, and it cannot be that the President, for example, will accept a judicial oath from individual another than the 1 who is elected, or only some. The problem here is that this constitutional standard is very clear. If the Sejm has stated – Mr President, there are candidates for judges, then the president is bound by this decision of the Sejm," said Duda.
– The president cannot then say, "Sorry, you haven't decided. They're not those, they're those." Of course, he can theoretically say so, only that he then enters a very serious systemic battle, which the constitution does not supply at all," the erstwhile president added.
Prof. Marcin Matczak besides commented. He made it clear that if individual breaks the law, they are not the judges of the TK, but the president, who just prevents them from taking up work – contrary to the Constitution.
– The President's sole intent is the Court of the Law and Justice. 10 years ago, Andrzej Duda, without taking vows from 3 legally elected judges of the TK, has concreted PiS' control of the TK for 9 years. Now Charles Nawrocki does the same thing. He will refuse to curse so long as the judges of the TK choose the Law and Justice again," said Prof. Matczak.
– And besides this disgusting propaganda that if individual protested against the PiS-a monopoly in the judiciary, he himself became a politician. Clear – the perfect of impartiality is Święczkowski, a colleague of Ziebra, at the head of the TK. And Pavlovich, and Peterovich. This is what the Court is fighting for. PiS-owski for centuries or none," he added.
– Look at this carefully and do not be fooled – he concluded.
I would add from myself that if we have a president who wants to be above the Constitution, I don't truly know if we have a state. In polarized society, the camps are clearly divided, but we avoid that, regardless of this power or any another power, we are fooled and maimed by political play. It's worth watching carefully.
10 years of TK War
The crisis around the Constitutional Court has been going on for over a decade. Today's events are also chapter of this communicative – and possibly 1 of the most groundbreaking. due to the fact that if the president thinks that he can block the swearing-in of judges, and the Sejm must look for ways to circumvent it, there is simply a fundamental question: who truly stands on the defender of the Constitution?
There is more to this conflict than a dispute between the government and the opposition and the president. It is about the fundamental right of all of us as citizens of Poland – the 3 divisions of power and independency of courts.
Full comment and study on the protest before the Constitutional Tribunal see on our YouTube channel on Thematic.
