The Sejm Justice Committee adopted amendments to the Senate's fresh Constitutional Court Act. Many of them were editorial, but there were besides changes of a substantive nature.
And this expanded the list of people who will not be selected for the TK until at least 4 years after the end of the function. The bill adopted by the Sejm adopted that this applies to Members, Senators, Euro MPs and members of the Council of Ministers. The amendment extends this to the erstwhile president, secretaries and Undersecretaries of State and government representatives.
The Commission besides advocated an extension of possible forms of swearing by a individual as a justice of the Constitutional Tribunal. It is simply a case erstwhile the president of Poland, for any reason, will not be able to make a solemn vow no later than 14 days after the election. The amendment allows (although it does not require) the justice elected by the Sejm to take a vow in writing with a notarized signature. In this form, it should be deposited no later than 30 days after the Sejm has elected a judge.
– It's a bizarre regulation that points to a deficiency of knowing of legal and systemic mechanisms. The vow should be made before the body that makes the choice – explains Prof. Jacek Zalesny, a constitutionalist from the University of Warsaw, adding that erstwhile a justice at the request of the National Judicial Council appoints a president, specified a individual makes a vow to him. On the another hand, erstwhile a associate of the Court of State chooses the Sejm, the oath is taken by the Marshal of the Sejm.
– It is so logical for the judges of the Constitutional Tribunal to curse before the talker of the Sejm, since this Chamber makes its choice. This would cut through discussions about the President's participation in the appointment of the Court judges, which is importantly different from that of the General Court judges, and at the same time destruct the hazard of not taking a vow," adds Prof. Zaleśny. In his opinion, the anticipation of even exceptionally notarial vows will multiply additional problems and doubts as to whether it was effectively made in a given case.
The question of the application of the provisions of the Universal Courts Act concerning the submission of property statements was besides clarified. “We must regulation out the anticipation of not disclosing property statements to the public,” said Krzysztof Kwiatkowski, a typical of the legislature during the parliamentary committee. "Unfortunately, present we have a large group of 4 judges: Mrs Pawłowicz, Mr Warciński, Mr Wojciechowski and Mr Wyrembak, whose statements are not published due to the fact that they have not given their consent," added Senator Kwiatkowski.
The Commission besides adopted an amendment which prevents the Constitutional Tribunal from taking part in the deliberations and voting on the General Assembly's approval of the Judges of the Constitutional Tribunal to bring him to justice and to deprive him of his liberty.
– It is apparent that a individual who has a legal or factual interest cannot participate in his own proceedings. If specified practice is applied even in bodies specified as municipal councils, it should besides apply to the Constitutional Tribunal. For people at a certain level it is apparent that in specified a case it is essential to control off, even if there is no clear regulation for this, but if it is not so apparent to a certain social group, then the issue can be regulated in the legal regulation – concludes Prof. Jacek Zaleśny.
On Friday, the full Sejm will vote on the amendments. Another thing is, it's hard to anticipate the bill to get the president's signature. In December, the word of office of 3 judges elected to the Constitutional Tribunal in 2016 – president of Julia Przyłębska, justice Piotr Pszczółkowski and 1 of 3 double judges – Mariusz Muszyński. Meanwhile, the talker of the Sejm, Simon Holovnia, at a conference in the Sejm, stated that it was not known whether the lower chamber of parliament would decide to fill future vacant seats.
– I was wondering if we should be casting places in the Sejm that are about to leave for TK. And the unanimous conclusion of all the experts who attended that gathering yesterday is that we should not," he said during the conference in the Sejm. – Even if someway they were willing to work with Przyłębska at TK and be a number there. Do not cast, do not enter this poisoned source, poisoned pond. Wait until we can solve this substance systematically," said the Hołownia.
Legislative phase: work at the Sejm on legislature amendments
