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Judge Wojciech Hermeliński on TVN24: The Constitutional Tribunal acts on clear orders

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The Constitutional Tribunal exceeds its powers. He acts on clear orders – said judge Wojciech Hermeliński on Sunday in “Fakty po Faktach”. Professor Andrzej Zoll, former president of the Constitutional Tribunal, assessed that the current actions of the Constitutional Tribunal “have no legal basis.” – The Tribunal issues decisions that have no connection with competences – he said.

Constitutional Court led by Julia Przyłębska ruled on Tuesday that the application of “anti-COVID” regulations to the preparation elections correspondence during the epidemic, was consistent with the constitution. According to the Constitutional Tribunal, this understanding of these provisions is consistent with the “constitutional principle of cooperation between authorities.” The case was heard in the Constitutional Tribunal by a panel chaired by Stanisław Piotrowicz, former PiS MP. Apart from the judge who was the rapporteur of the case Krystyna Pawłowicz (also a former PiS MP) included the president of the Constitutional Tribunal Julia Przyłębska and judges Bartłomiej Sochański and Rafał Wojciechowski. The ruling was unanimous.

Earlier in May, Julia Przyłębska's Constitutional Tribunal, at the request of PiS MPs, issued a decision ordering the suspension of the work of the investigative committee regarding Pegasus.

Hermeliński: The Constitutional Tribunal exceeds its powers

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Wojciech Hermeliński, retired judge of the Constitutional Tribunal, said that the Constitutional Tribunal “exceeds its powers”. – The Tribunal acts on clear orders and at least tries to meet expectations – he said.

The judge said it was a temporary solution. He pointed out that “the resolution (of the Sejm – ed.) of March 6 states that all judgments of the Constitutional Tribunal that are issued by the wrong composition in violation of the law should not be implemented by public authorities.” – There is Article 7 of the Constitution of the Republic of Poland, which states that public authorities act within the scope of the law and on the basis of the law, which may result in possible liability, even criminal liability – he said.

Hermeliński was asked to comment on the words of former Prime Minister Beata Szydło, who stated that there should be no discussion of the Tribunal's rulings and she does not discuss it because the Tribunal is independent. The presenter recalled that during Beata Szydło's government, no judgments of the Constitutional Tribunal were published in the Journal of Laws, when Professor Andrzej Rzepliński was its head.

– This is obvious hypocrisy, because it's a bit like saying that if Kali steals a cow, it's good, but if Kali steals a cow, it's very bad – said Hermeliński. – Back then, Prime Minister Szydło suspended the publication of the judgments, claiming that something needed to be checked, but now she has completely changed her view by 180 degrees – he added.

READ MORE: Szydło personally banned the printing of the Tribunal's judgments. Documents from the investigation were released

Prof. Zoll: the actions of the Constitutional Tribunal have no legal basisTVN24

Zoll: the actions of the Constitutional Tribunal have no legal basis

Professor Andrzej Zoll, former president of the Constitutional Tribunal, former Ombudsman and former chairman NEC he assessed that the current actions of the Constitutional Tribunal “have no legal basis.” – The Court issues orders that have no connection with the powers of the Court. Because such rulings that the Prime Minister could or could not do something are an assessment of an individual case that belongs exclusively to the administrative authorities, administrative courts or common courts, he explained.

He noted that “the Constitutional Tribunal is to fulfill a completely different function.” – It is to examine the compliance of legal norms with higher-level norms. So laws with the Constitution, regulations with laws and the Constitution. And this is one basic task of the Constitutional Tribunal, he emphasized.

Zoll stated that the Constitutional Tribunal should adjudicate in a specific panel composed of judges of the Tribunal. He stressed, however, that “these three people (the so-called double judges – ed.), who are members of the so-called Constitutional Tribunal, are not judges.” – Therefore, all judgments issued with these people on the bench are invalid under the law. And it must be fixed, he said.

He explained that “the proceedings in these cases will have to be repeated.”



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