Constitutional Court. President Andrzej Duda: any conflicts in the Constitutional Tribunal are appalling and distasteful

President Andrzej Duda was asked during a press conference in London on Wednesday about the conflict between judges of the Constitutional Court, as well as whether he would sign a bill that would reduce the number of so-called of the full composition of the Constitutional Tribunal, the draft of which is currently being processed by the Sejm.

– Responsibility for the affairs of the Republic of Poland – because it decides these really fundamental matters Constitutional Court (…) this is the responsibility of the Tribunal and any conflicts within the Tribunal are simply appalling and distasteful – conflicts between judges, between members of the Tribunal, said the president. As he stated, “these conflicts should be closed and should not affect the functioning of the Tribunal in any way.” “This is absolutely fundamental,” he added.

Referring to the bill being processed in the Sejm, the president stressed that when the work in the parliament is completed and the bill hits his desk, “then there will be a decision on its final shape, proposed by the parliament.”

The draft amendment to the act on organization and procedure before the Constitutional Tribunal was submitted to the Sejm at the beginning of May PiS deputies; it provides for the reduction of the minimum number of judges of the General Assembly of the Constitutional Tribunal from 10 to nine, and the reduction of the number of full benches of the Constitutional Tribunal – from 11 to nine judges. The amended provisions are to apply to proceedings initiated and not completed before the date of entry into force of the amendment.

For months, a dispute has been going on in the Constitutional Tribunal about the term of office of Julia Przyłębska as the President of the Constitutional Tribunal, which has recently made it impossible for the Tribunal to convene in full. According to some lawyers, including former and current judges of the Constitutional Tribunal, Przyłębska’s term as president of the Constitutional Tribunal expired after 6 years, i.e. on December 20, 2022, and at the same time she cannot apply for this function again. According to Przyłębska herself, as well as the Prime Minister and some experts, her term of office ends in December 2024 – with the end of Przyłębska’s term as a judge of the Constitutional Tribunal.

The next hearings in the full composition of the Constitutional Tribunal are scheduled for May 31. On that day at noon, the Tribunal is to deal with the amendment to the law on the Supreme Court, requested by President Andrzej Duda. According to PiS, the amendment to the law on the Supreme Court is to fulfill the key “milestone” for the European Commission to unlock funds for the implementation of the National Reconstruction Plan.