The president of the Constitutional Tribunal Bogdan Święczkowski responded to the criticism of some deputies regarding this institution during the meeting of the parliamentary committees. – You adopt the change of constitution and eliminate the Constitutional Tribunal if it bothers you so – he turned to them.
On Wednesday before noon, the Sejm Committees of Justice and human rights and legislative listened to the information presented by the President of Święczkowski “about important problems arising from the activities and case -law of the Constitutional Tribunal in 2023”. Święczkowski was appointed by the president as the president of the Constitutional Tribunal in December 2024. His predecessor was Julia Przyłębska.
According to the report presented to the committees, the President of the Constitutional Tribunal, in 2023, the Tribunal issued 103 rulings, including 25 judgments, one decision on the competence dispute and 77 provisions on the discontinuation of the case. After a fifteen -minute statement by Święczkowski, a nearly hour discussion took place, among others, about the recognition of the current shape of the Constitutional Tribunal.
AST: illegal judges do not sit at the Tribunal
Chairman of the Legislative Committee Marek AST (PIS) assessed that illegal judges do not sit in the Constitutional Tribunal “. He expressed his satisfaction that the Sejm committees listened to the TK reports because this means that “the Constitutional Tribunal is functioning and will be.”
MP KO Witold Zembaczyński retorted that “cannot be called the activities of the tribunal in 2023, because – as he said -” his performance is only focused on – let's call it – case law motivated by the interest of applicants. “
– Matters that (…) relate to something other than PiS's political interest are simply not considered – said MP KO. He added that “the performance of something that is called the Court is below the expectations and statistics that this institution showed before the offensive takeover of the helms.”
Święczkowski: It is difficult to require a large number of rulings
Święczkowski estimated that most of the statements during the committee meeting did not concern the issue of his report at all.
Referring to the number of judgments issued by the Constitutional Tribunal, he reminded that currently he sits 12 on the constitutional number of 15 judges at the Tribunal, and at the end of 2025 this state will decrease to ten judges. “It is difficult to require a large number of judgments if you do everything to limit the Court, including reducing financial resources,” he said.
Bogdan Święczkowski at a meeting of the parliamentary committeesPAP/Rafał Guz
“Eliminate the Constitutional Tribunal if it bothers you so”
Święczkowski referred, among others, to the Budget Act for 2025, whose part of the provisions was directed by the president Andrzej Duda in subsequent control mode to the Constitutional Tribunal. The reason for this decision was, among others, a reduction in funds for the Tribunal and the National Council of the Judiciary.
– adopt a change of constitution and eliminate Constitutional Tribunalif he bothers you so. Then you will pay him zero zlotys. Change the constitution as it was for the government of the Polish People's Republic, that you (Parliament – ed.) Defend whether the judgment of the Constitutional Tribunal applies to or not – said Święczkowski to MPs. – However, until you change the constitution, as long as the Tribunal will function in the form, as the current constitution provides, which I am not a great supporter, but I follow the law and constitution – said Święczkowski.
– In any way you will try to limit the activities of the Tribunal will not cause us to succumb to this pressure- said the president of the Constitutional Tribunal.
On Wednesday afternoon, the Constitutional Tribunal announced Święczkowski's briefing dedicated – as reported to “important actions of the President of the Constitutional Tribunal, whose goal is to restore the rule of law.”
Chaos at the Constitutional Tribunal
At the beginning of March last year, the Sejm adopted a resolution in which he stated that “in the activities of the public authority of the CT public authority, the CT decisions issued in violation of the law could be considered a violation of the principle of legalism by these authorities.”
Since the adoption of that resolution by the Sejm, the judgments of the Constitutional Tribunal are not published in the Journal of Laws. In turn, in the resolution of the government adopted in December last year, it was stated, among other things, that the announcement of the CT decisions in official journals could lead to the consolidation of the crisis of the rule of law. As added, “it is not allowed to announce documents that have been issued by an unauthorized authority.”
At the end of January, Święczkowski in a letter addressed to the prime minister Donald Tusk He demands the publication of 22 judgments of the Constitutional Tribunal issued in 2024. In another letter – to the Marshal of the Sejm Szymon Hołownia – He appealed for activities regarding the filling of vacancies in the Constitutional Tribunal.
At the end of November last year, Marshal Hołownia set an additional date – by December 11 – to submit candidates for judges of the Constitutional Tribunal in connection with the expiry of the term of three judges: Mariusz Muszyński, Piotr Pszczółkowski and Julia Przyłębska. Only the PiS club submitted two candidates. They are: Artur Kotowski and Marek Ast.
For now, there is no deadline for considering these candidates by the Sejm.
Source of the main photo: PAP/Rafał Guz