The drama of the body, which resembles the Constitutional Tribunal, is that even if the judges were not at odds, we could still expect the ruling to go in a certain direction – said Professor Jerzy Zajadło from the University of Gdańsk in “Fakty po Faktach”. Attorney Sylwia Gregorczyk-Abram from the “Free Courts” Initiative stated that “the body that should guard the rights and freedoms of citizens actually sells these rights and freedoms”.
In the Constitutional Tribunal, the date of two hearings in the full bench was set for Wednesday. The members of the Tribunal were to deal with the dispute over powers between the president and the Supreme Court concerning the right of pardon and the amendment to the law on the Supreme Court. They have been postponed due to the “sudden excused absence” of one of the judges.
This is another time when it was not possible to complete the full squad in the conflicted TK.
The guests of the Wednesday edition of “Fakty po Faktach” referred to this issue.
Gregorczyk-Abram: this shows how difficult the situation is there
– This means that political bargaining is taking place in the Constitutional Tribunal – assessed attorney Sylwia Gregorczyk-Abram from the “Free Courts” Initiative. – The body that should uphold the rights and freedoms of citizens actually sells these rights and freedoms. We know that there is a conflict going on, we know that the Tribunal is in a hurry, because a hearing in the Supreme Court is scheduled for June 6. Legal judges are to decide, among other things, whether the president can pardon a person convicted of an illegal sentence, she said.
According to Gregorczyk-Abram, “this pressure on the Constitutional Court is therefore increasing.” – It seems that two rebel judges are supposed to come and decide to sit at the table, although we do not know, because no one from the Tribunal talks to the media – she pointed out.
– This shows how difficult the situation is there and how little it has to do with the protection of rights and freedoms, and how much it has to do with the political game – added Gregorczyk-Abram.
Professor Zajadło: There is no right to have a political division there, because it is a body of law, not politics
Professor Jerzy Zajadło from the Faculty of Law and Administration of the University of Gdańsk assessed that this internal dispute in the Constitutional Tribunal “is of no particular interest to him, because it concerns personal details”. – Let’s hypothetically assume that there is no such dispute and the judges never argued, this is (then – ed.) the drama of this body, which reminds Constitutional Courtis that we could expect the Constitutional Tribunal’s ruling to go in a specific direction, the one expected by the authorities, he said.
– The experience so far related to the functioning of this tribunal, before the judges quarreled, was like this. Based on them, unfortunately, I have to accept this painful truth, although the judges should explain themselves. However, it would be difficult for them to do so, because they would have to admit that this dividing line between the six judges and the nine judges is based on a political criterion, which discredits this body, which is the Constitutional Tribunal, he added.
– There is no right to have this type of political division, because it is a body of law, not politics – he stressed.
Main photo source: Radek Pietruszka/PAP