On 20 August, the illegal Constitutional Court, which included the occupying position of president Julia Przyłębska and the demoralized legal individual Krycha Pawłowicz and Bogdan Święczkowski, both appointed to the position of justice of this body in violation of Article 178(3) of the Constitution of the Republic of Poland issued a "judgment" in the case of Adam Glapiński, president of the National Bank of Poland (NBP), which cannot be put before the Court of State. The Court of Cook Kaczyński ruled that the provisions referred to in the application for it before the Court were incompatible with the Constitution of the Republic of Poland.
We remind you that the decision of the illegal TK will not change the legal situation of Glapiński due to the fact that no judgments have been published since April this year. The deficiency of publication of the judgments of the Constitutional Tribunal causes them not to enter into legal activity, i.e. they do not be from a formal legal point of view.
‘Constitutional Court’: Violation of the Constitution
The politicized and subordinate to the clerical gang of criminals of the Przyłębska Tribunal, specifically indicated the provisions that he considered to have been violated. Article 227(1) is mentioned in conjunction with Article 227(2) and Article 227(3) of the Constitution of the Republic of Poland. The ruling panel, in addition to the chair of the TK, besides included judges Krystyna Pawłowicz, Zbigniew Jędrzejewski, Bartłomiej Sochanski and Bogdan Święczkowski. In their opinion, the conclusions on bringing Glapinski to justice before the Court of State are not based on Polish constitutional law.
Politicians' comments: Kosiniak-Kamish about Glapin
Adam Glapiński's case did not go unnoticed in the Polish political environment. The Minister of National Defence, Władysław Kosiniak-Kamysz, referred to the anticipation of putting the president of NBP before the Court of State, stressing the difficulties associated with the enforcement of constitutional work in Poland.
"Mr Glapiński's affairs, whether present or tomorrow, will be settled," said Kosiniak-Kamish in an interview with PAP. He besides added that "Polish politics and Polish democracy in the last 30 years have no affirmative experience of effectively presenting any final proposals to anyone before the Court of State". In his opinion, the deficiency of effective mechanisms in this respect leads to reflection on ways of enforcing constitutional responsibility.
Future Issues: Parliamentary Commission launches work
Despite the ruling of the Przyłębska Court, the subject of bringing Adam Glapiński to the Court of State remains valid. The Sejm's Constitutional work Committee is expected to start work on a preliminary proposal on this in September.
Summary
Regardless of the course of the proceeding designated on 25 July and its outcome, it is almost certain that the judgement given by the Constitutional Tribunal will not be published in the authoritative diary of the Laws. To date, there has not been any publication of the decision of the Court of the Republic of Moldova given after 6 March 2024, that is to say, following the resolution of the Sejm concerning the recovery of the Court.
We remind you that the ruling composition of the Constitutional Tribunal, formed in the manner we have written about above, is devoid of the characteristics of the tribunal established by the Act, erstwhile it is composed of an unauthorised person. Consequently, any judgement given in a composition established in violation of the basic rule applicable to the selection of judges of the Constitutional Court infringes the essence of the right to a court established by the Act.
Daniel Głogowski
Expert in his field – Publicist, author and social activist. The first articles were published in 1999 for global publishers. For more than 30 years, he has gained his experience through cooperation with the largest editorial offices. In his articles, he seeks to address controversial topics and present first viewpoints that allowed for a deeper knowing of the issues discussed.
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The Przyłębska Court wanted to defend Glapinski from the Court of State, He forgot that she was the Constitutional Court
