Today, the Constitutional Tribunal has lost almost everything – said Professor Marek Safjan, former president of this institution and former judge of the Court of Justice of the European Union, in “Fakty po Faktach” on TVN24. He said about Bogdan Święczkowski that he was not legally elected president of the Tribunal and therefore he had no “field for discussion” with representatives of the legislative and executive powers. He also indicated how, in his opinion, Święczkowski should be addressed in this situation.
Professor Marek Safjanformer judge of the Court of Justice of the European Union, former president of the Constitutional Tribunal, commented in “Fakty po Faktach” on TVN24 on the appointment of Bogdan Święczkowski as president of the Constitutional Tribunal. He is a former national prosecutor whose activities have been subject to many objections in recent years. At the same time, experts have numerous doubts about the legality of the Constitutional Tribunal itself.
“The next stage of destruction”
– In my opinion, we are dealing with another stage of the real destruction of the system of controlling the constitutionality of law. This is even more disturbing because it concerns a key body responsible for the state of observance of constitutional rights in our country, said Safjan. He added that “the Constitutional Tribunal has certainly lost almost everything today.”
– This organ is said to be an organ that – here I am using Professor (Mirosław – ed.) Wyrzykowski's very accurate term – committed suicide. Constitutional Tribunal he committed suicide at the moment when he issued rulings that were purely instrumental and in fact created a tool for the destruction of the rule of law. However, this stage we are in is another stage in which the most disturbing things are happening and which do not bode well for the future, continued the former judge of the Court of Justice of the European Union.
– Because it is difficult to believe that the current president of the Constitutional Tribunal would be able to run this Tribunal in an absolutely objective manner. And above all, ensure the appropriate authority of this body. Public trust is very important. No constitutional court can function in a democratic society if it does not enjoy some necessary trust, emphasized Professor Safjan.
Talks with Święczkowski? “There is no room for discussion”
According to the guest of “Fakty po Faktach”, Święczkowski was appointed president of the Tribunal “in an unlawful manner”. – Because the (General) Assembly of the Constitutional Tribunal, which appointed the candidates, was attended by people who are not judges and who were illegally appointed there. Therefore, this is a premise for finding faulty formation of the Tribunal's management board – said the former president of this institution.
Safjan also referred to Święczkowski's announcement that he would like to meet with representatives of the legislative and executive authorities to discuss the current situation in the Constitutional Tribunal.
– In my opinion, unfortunately, there is no room for discussion at this point, because we are dealing with a person who is not the effectively, legally elected president of the Tribunal. Without this, he cannot be an interlocutor in such a conversation, he said.
Safjan: in my opinion, you should not address Święczkowski as “Mr. President”
Safjan was asked whether, in connection with the faulty manner in which Święczkowski was elected, he could be said to be the “president of the Constitutional Tribunal”.
– If I am to answer this in accordance with my belief and in accordance with what results from the law, in my opinion he should not be addressed as “Mr. President of the Constitutional Tribunal” and described as the president of the Constitutional Tribunal. Just like it would be difficult to describe understudy judges as judges today, he said.
– So how do you address him? – asked the host Piotr Kraśko. – No one has yet questioned his position as a judge of the Tribunal. So “judge of the Constitutional Tribunal” is the maximum that can be said, replied Professor Safjan.
Professor Safjan: in my opinion, you cannot address Święczkowski as “Mr. President”TVN24
“A very embarrassing situation.” Professor Safjan about the Romanowski case
Professor Safjan also talked about the case PiS MPformer Deputy Minister of Justice Marcin Romanowski. The prosecutor's office issued an arrest warrant for him after the police failed to determine his whereabouts in order to arrest him. The politician was charged in connection with an investigation into irregularities in the Justice Fund.
The former president of the Constitutional Tribunal commented on the fact that politicians defending Romanowski use the term “civil disobedience” in public space. He stated that “we are dealing with a clear abuse” of this concept.
– Civil disobedience is indeed an act of opposition to the law, but at the same time it assumes that such a person takes into account the resulting consequences. This means that he basically gives in to these unfavorable consequences and fights until the end. If Mr. Romanowski had expressed his objection and, above all, consistently fought the court proceedings, (…), it would probably have looked different – said Professor Safjan.
– However, a former deputy minister of justice who commits this type of act is hiding from the justice system, which is a very embarrassing situation for an external observer – added the TVN24 guest.
“A very embarrassing situation.” Professor Safjan on the Romanowski caseTVN24
Main photo source: TVN24