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Dispute in the Constitutional Tribunal. Online exchange of views between Marusz Muszyński and Krystyna Pawłowicz

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Judge Mariusz Muszyński bids farewell to the vice-president of the Constitutional Tribunal. His term of office is coming to an end, but the dispute within the Tribunal itself is not over. In his statement, the judge writes about the temptation to refer to the Tribunal’s practice, which allows to conclude that the term of office has not expired at all, which makes it possible to remain in office. Mariusz Muszyński also describes the customs prevailing in the Tribunal. He also writes about thin walls and an interesting neighborhood.

It was supposed to take place this Thursday, and it will not take place until the following Wednesday – July 19. It is about a hearing in the Constitutional Tribunal on how many judges are to constitute the so-called full bench of the Tribunal. The application was submitted by Prime Minister Mateusz Morawiecki, because PiS is striving to reduce this number. – This is a circumvention of the law, a legal trick – believes Jerzy Stępień, former president of the Constitutional Tribunal.

According to the regulations, it is the full bench – currently 11 judges – that must consider presidential motions on the constitutionality of laws. The Court is waiting for Andrzej Duda’s application regarding the law on the Supreme Court, which was supposed to unlock funds from the National Reconstruction Plan. The problem is that it was not possible to gather 11 judges – several so-called rebels, including Mariusz Muszyński – boycotted the hearings scheduled by the president of the Tribunal, Julia Przyłębska. There is a dispute among lawyers as to the date of the end of her term as president, and a group of judges believe that Przyłębska is no longer president. PiS wanted the law unblocking KPO to finally come out of the Tribunal, hence the conclusion that fewer judges would be needed in the full bench.

See also: The government submitted a motion to the Constitutional Tribunal concerning the act on the work of the Constitutional Tribunal

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– It was to be dealt with urgently. Another month passes, there is no money, Poles lose, entrepreneurs lose, local government communities lose, non-governmental organizations lose – points out Władysław Kosiniak-Kamysz, leader of the Polish People’s Party.

The opposition assesses the chances of EU funds as getting smaller and smaller. – Even if (the act – editor’s note) would be adopted, it will not change anything. There will be no money from the KPO for us – believes Wanda Nowicka, an MP from the Left.

The case of Kamiński and Wąsik

The full bench of the Tribunal managed to assemble, but only when it was necessary to accept the presidential pardon of Mariusz Kamiński and Maciej Wąsik. This has not yet been achieved in the KPO case, and the dispute in the Tribunal continues. – I hope that the Court will deal with this bill. This is an important act that we are all waiting for, but when it comes to the work schedule, decisions are made by the president, Julia Przyłębska, emphasizes Rafał Bochenek, spokesman for Law and Justice.

Sovereign Poland admits that not everything is in order in the building on Aleja Szucha. – It is important that the Constitutional Tribunal can function stably, but the fact is that there is currently an internal dispute in it – informs Sebastian Kaleta, Deputy Minister of Justice, Member of Sovereign Poland. – I trust that this personal dispute, which is independent of politics, will be resolved quickly – adds Janusz Kowalski, Deputy Minister of Agriculture, MP of Sovereign Poland.

Read also: There is a written justification for revoking the discontinuation of the Kamiński and Wąsik case

All the current judges of the Tribunal are appointed by the current ruling majority, some of them went straight from the benches of deputies. – You can see that in the power camp that has appropriated the Tribunal, because they are all PiS envoys, there is no one else, there is pathology, division – notes Władysław Kosiniak-Kamysz.

A split in the Constitutional TribunalTVN24

A new neighbor

Some of the so-called rebels in the Tribunal are associated with Zbigniew Ziobro, but the dispute is deeper and new versions of it appear every now and then. Mariusz Muszyński admitted in his last internet entry that he now works in a new room, next door to Krystyna Pawłowicz. “My current neighbor is Judge Pawłowicz. And since she speaks loudly, and the rooms are small and the walls are thin (cardboard), after one day I can see how interesting this neighborhood will be” – we read.

The former vice-president of the Constitutional Tribunal did not have to wait long for an answer. Judge Pawłowicz called Muszyński a “racial informer”. On social media, she wrote: “Also your very loud conversations can be heard in my room. Now I know everything.”

– They tell more or less funny stories that are a bit embarrassing for a lawyer – assesses Maciej Gutowski, a lawyer.

In his post, Muszyński also shared that he felt more free since he was no longer the vice-president of the Constitutional Tribunal. “Yes, I am still in control of it, so I will not write who ate cookies last week in the lounge of the president of the Constitutional Tribunal. I modestly enter all guests into the archive database for my diary. At this point, I will only say that the range of sweets was impressive. If I eyes did not fail, there were even pieces of beautiful meringue cake “- he wrote

– Everyone is allowed to write what they want, but not everyone should become a judge of the Constitutional Tribunal – believes Gutowski. – Mr. Muszyński’s statements are embarrassing – assesses Jerzy Stępień, former president of the Constitutional Tribunal. – You can see that these pseudo-judges of the Tribunal are having fun, but the entire Tribunal is in fact a caricature – adds Jan Grabiec, an MP from the Civic Platform.

According to the judgment of the European Court of Human Rights in Strasbourg, cases in which Mariusz Muszyński adjudicated do not guarantee the parties the right to a fair trial, because Mariusz Muszyński was appointed to an already occupied place in the Tribunal.

Main photo source: Facts after noon TVN24

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