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Wednesday, February 21, 2024

Draft resolution on the National Council of the Judiciary in the Sejm. Andrzej Duda in a letter to Szymon Hołownia

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The thesis contained in the draft resolution that the election of members of the National Council of the Judiciary was in gross violation of the constitution is untrue, wrote President Andrzej Duda in a letter to the Speaker of the Sejm, Szymon Hołownia, referring to the parliamentary draft resolution on the National Council of the Judiciary. As he added, “he will never agree to questioning the status of judges appointed by the President of the Republic of Poland.”

On Tuesday, a parliamentary bill was submitted to the Sejm draft resolution on “removing the effects of the constitutional crisis in the context of the political position and functions of the National Council of the Judiciary in a democratic state ruled by law”. The project states that three resolutions of the Sejm of 2018, 2021 and 2022 regarding choice judges – members of the National Council of the Judiciary were made in gross violation of the constitution, and also calls on members of the National Council of the Judiciary elected contrary to the constitution to cease their activities in the Council.

Duda: I will not agree to questioning the status of judges appointed by the President of the Republic of Poland

He referred to its content in a letter to the Speaker of the Sejm Szymon Hołownia President Andrzej Duda. As he wrote, “the proposed changes must remain within the limits set by the constitution, both in terms of the method of implementation and the compliance of the matter with the provisions of the Constitution.”

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“As the President of the Republic of Poland, who is entrusted by the Constitution in Article 126(2) with ensuring its observance, I will never consent to questioning the status of judges appointed by the President of the Republic of Poland,” President Duda emphasized.

In the letter he recalled, among others: judgment of the Constitutional Tribunal of March 2019, in which the Constitutional Tribunal assessed the admissibility of electing the judicial part of the National Council of the Judiciary by the Sejm and stated the compliance of the regulations with the constitution. “Therefore, the thesis contained in the draft resolution that the election of members of the National Council of the Judiciary (judges) was in gross violation of the constitution, as being inconsistent with the above-mentioned judgment of the Constitutional Tribunal, is untrue,” the president noted in his letter.

The first letter to Hołownia

Earlier on Tuesday the president spoke on the announced changes in public media. “Social assessment of the activities of public media is varied. Without questioning the right to introduce changes in the legal system by the parliamentary majority, it should be emphasized that a political goal cannot constitute an excuse for violating or circumventing constitutional and statutory regulations,” he wrote to Szymon Hołownia.

The Marshal of the Sejm responded to the letter from the podium. – I cannot agree more with everything Mr. President wrote than when I read this letter. The president writes: “All public authorities are obliged to act on the basis and within the limits of the law of article seven of the constitution.” I fully agree with the president, said Hołownia.

Main photo source: Leszek Szymański/PAP



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