The Warsaw-Prague territory Attorney's Office informed about the reopening of 3 cases concerning the failure of erstwhile high-ranking officials, including erstwhile Prime Minister Beata Szydło. These cases concern the failure to print the 2016 Constitutional Court (CC) judgments. This decision was made in connection with the work of a peculiar squad of prosecutors who investigated proceedings conducted between 2016 and 2023. What precisely happened and what are the consequences? We give you the most crucial information.
The decision to resume the investigation was made after the analysis of the study of a peculiar squad of prosecutors from the National Prosecutor's Office. This squad was established in the summertime of 2023 to analyse 600 proceedings conducted during the period of the regulation of the United Right. In mid-January 2024 a partial study was presented, covering 200 cases. As many as 163 of them found crucial irregularities. These included 3 proceedings concerning the non-publication of TK judgments.
As the spokesperson for the Warsaw-Prague territory Prosecutor's Office, Proc. Norbert Antoni Woliński, recalled, the cases in which previously issued orders to refuse to initiate an investigation (24 June 2016 and 9 February 2018) and to discontinue proceedings (10 February 2017). The loudest was the February 2017 decision, erstwhile the D.A. dismissed the investigation into the failure of the erstwhile Prime Minister Beata Szydło, ministers and employees of the Government Legislative Centre.
What was the subject of the investigation?
The investigation afraid the non-publication of the 2016 TK judgments, which, as the Helsinki Human Rights Foundation pointed out, led to bodily, political, economical and image damage. The Foundation filed a complaint against the prosecution's decision to refuse to open an investigation, which resulted in a court order in October 2016 for the prosecution to proceed.
The main subject of the investigation was the failure to print the judgement of the Constitutional Tribunal of 9 March 2016, which afraid the amendment of the Law on Constitutional Tribunal by Law of December 2015, and the judgement of 11 August 2016, concerning the fresh Act on Constitutional Tribunal of July 2016. These judgments fell erstwhile the president of the Constitutional Tribunal was Andrzej Rzeplinski.
What were TK's judgments?
- Judgment of 9 March 2016: The TK considered it an unconstitutional full fresh of the December 2015 TK Act. This amendment, among another things, defined the full composition of the Constitutional Tribunal as at least 13 judges, required a majority of two-thirds of the votes for the rulings and ordered the examination of applications according to the order of impact. In addition, it extended the time limits for examining cases and introduced the anticipation for the Sejm to expire the word of office of justice TK.
- Judgment of August 11, 2016: The Constitutional Tribunal ruled that certain provisions of the fresh Constitutional Tribunal Act are unconstitutional, including the general rule of examining applications in the order of their impact, the anticipation for 4 judges to block a full conviction for up to six months, and the work for the president of the Constitutional Tribunal to let the ruling of 3 judges elected by the then Sejm.
Consequences of not publishing judgments
The failure to print the judgments of the Constitutional Tribunal had far-reaching consequences. The Helsinki Foundation for Human Rights indicated that this led to harm of a systemic, political, economical and image nature. The deficiency of publication prevented full implementation of the decisions of the Constitutional Tribunal, which affected the functioning of the judiciary and citizens' assurance in state institutions.
What about the investigation?
The reopening of the investigation by the Warsaw-Prague territory Attorney's Office means that the case has not been closed. The prosecution will gotta re-examine the evidence and find whether there has been a breach of duties by erstwhile officials. Where responsibility is found, the consequences may be serious, both in law and in politics.
Summary
The reopening of the investigation of non-compliance by erstwhile Prime Minister Beata Szydło is another phase in the long-term dispute over the non-publication of the 2016 TK judgments. The prosecution's decision is the consequence of the work of a peculiar squad which detected many irregularities in proceedings conducted between 2016 and 2023. This is crucial not only for the judiciary, but besides for citizens' assurance in state institutions. The next steps of the prosecution will be crucial to the resolution of this controversial case.
Did you know that...?
The failure to print the judgments of the Constitutional Tribunal of 2016 affected the functioning of the judiciary and sparked a broad discussion on the regulation of law in Poland. Resumption of the investigation may bring fresh information on this case.
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Prosecutor's Office resumes investigation into the failure of erstwhile Prime Minister Beata Szydło
