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Constitutional Tribunal – changes in the Constitutional Tribunal. Wojciech Hermeliński: there are several ways to remedy the situation

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It is obvious that the situation in the Constitutional Tribunal needs to be rectified – Wojciech Hermeliński, a retired judge of the Constitutional Tribunal and former chairman of the National Electoral Commission, said on Monday on TVN24. He stated that “there are several ways to achieve this goal.” In his opinion, the resolution of the Sejm is enough to remove three so-called double judges.

In the coming days, the fate of the Constitutional Tribunal, which has been operating in an incorrect composition for years and has been used politically by PiS and, recently, also by the president, is to be decided in parliament. It is not known yet how the government will do this Donald Tusk intends to sort out the situation in the Constitutional Tribunal.

In Saturday’s “Fakty po Faktach” MEP Robert Biedrońco-chairman of the New Left he said that changes in the Constitutional Tribunal should be expected in the coming days. – I have great confidence in the intuition and skills of the Minister of Justice Adam Bodnar. I think there will be specific actions regarding the Constitutional Tribunal. Political decisions have already been made, he said.

READ ALSO: Pasławska: without the consent of the president and part of PiS, it will be difficult to change the constitution and the Constitutional Tribunal

“This situation needs to be fixed”

The case was commented on TVN24 by Wojciech Hermeliński, retired judge of the Constitutional Tribunal and former chairman NEC. – I don’t really know yet how the Sejm would like to handle this matter – he said. He pointed out that the case of the Constitutional Tribunal was not currently on the agenda. – But it is obvious to me that this situation needs to be fixed – he said. In his opinion, the first step towards sorting out the situation in the Constitutional Tribunal should be to remove three so-called double judges from adjudicating, who – as he stated – were elected to fill the seats they occupied.

– For this, in my opinion, a resolution of the Sejm is enough. The three people who are now adjudicating were elected by the Sejm of the 8th term by a resolution that invalidated and annihilated the correct decision of the Sejm of the earlier 7th term, when the Sejm elected three people to fill the seats vacated during that earlier term. These judges were properly elected, but they did not take the oath before the president, because the president did not take the oath, but he took it at night from three people elected by the Sejm of the next term, he said. These are Maciej Muszyński, Jarosław Wyrembak and Justyn Piskorski.

When asked whether he thought the resolution regulating the issue of understudy judges would be enough, he replied yes. – It would be a resolution not to dismiss, because you cannot dismiss someone who was not properly appointed, it would be a resolution, I imagine, stating that these people are not judges – explained Hermeliński. He added that there is also a question “to what extent these people will comply with such a resolution, because knowing the situation in the Tribunal, they will probably rule and claim that they were appointed correctly.” – I wouldn’t expect that these people would suddenly comply, but the first step must be taken – he argued.

How to repair CT scan? Hermeliński: there are different ideas

Hermeliński pointed out that “there are still other ideas” to sort out the chaos in the Constitutional Tribunal, put forward by some constitutionalists. He also pointed to the draft of a new act on the Constitutional Tribunal prepared by the Batory Foundation.

– There are also views that the Tribunal should be reset to zero by removing the remaining judges. However, in my opinion, judges cannot be removed because these twelve judges, apart from these three (understudies – ed.), were elected correctly and in accordance with the constitution – said the professor. – Therefore, neither the legislative nor the executive power can dismiss these judges. This can only happen if, for example, disciplinary proceedings are initiated, he explained.

In his opinion, however, “there would be reasons” to initiate such proceedings. – For example, due to the behavior of some judges that are inconsistent with the judge’s compliance, all these comments of a political nature or the use of various types of expressions that are not befitting a judge – he mentioned. He noted that “disciplinary proceedings could also be initiated against other judges who adjudicate together with non-judges.” – A judge who realizes that he is adjudicating in a panel with a person who is not a judge also violates the principles of judicial ethics and this would also be a basis for initiating disciplinary proceedings – he said.

– There are several ways. There is also talk about the issue of age – he noted, pointing out that there are two people who were appointed to the Tribunal when they were over 65 years old (Krystyna Pawłowicz and Stanisław Piotrowicz).

Main photo source: TVN24

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