The deans of law faculties of Polish universities published their position on the judgment of the Constitutional Tribunal on the constitutionality of certain provisions of the Treaty on European Union. “The decision of the Constitutional Tribunal was made in violation of the Constitution of the Republic of Poland,” we read in the statement.
October 7 Constitutional Court in full composition, chaired by President Julia Przyłębska, dealt with the issue initiated by Prime Minister Mateusz Morawiecki’s request from the end of March. It concerned the constitutionality of some of the provisions of the Treaty on European Union. The Constitutional Tribunal ruled that some of the EU regulations asked by the head of government were inconsistent with the constitution.
The deans of the faculties of law at Polish universities published their position on this matter. They referred to the resolution of the Committee of Legal Sciences of the Polish Academy of Sciences of October 12, in which it was noted that the judgment of the Constitutional Tribunal was “flawed by an inadequate composition of the composition; it uses as a basis for inference a number of statements that do not cover the normative state (Polish and European) and knowledge jurisprudence on them; aims to legalize unconstitutional changes in the judiciary after 2015, inconsistent with EU law and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), and to put pressure on Polish judges to ignore the binding judgments of the Court of Justice European Union (CJEU) and departed – under the threat of disciplinary liability – from examining the status of judges appointed by the politicized National Council of the Judiciary. ”
“As deans of law faculties of public and private universities, we fully support the position expressed in the resolution of the Committee of Legal Sciences of the Polish Academy of Sciences No. 04/2021 of October 12, 2021 in connection with the decision of the Constitutional Tribunal of October 7, 2021.” – we read in the deans’ declaration.
In their opinion, “the decision of the Constitutional Tribunal was made in violation of the Constitution of the Republic of Poland with the participation of persons not entitled to adjudicate and in fact exceeds the scope of the Constitutional Tribunal’s jurisdiction, which does not include the review of court judgments, including the judgments of the Court of Justice of the EU”.
“This decision limits the application of EU law in Poland, deprives Polish citizens of some of the rights resulting from Poland’s membership in the European Union, undermines the fundamental assumptions of the functioning of the European Union and Polish presence in it adopted by the Sovereign in the accession referendum. It also affects the independence of the judiciary, consolidating changes in the Polish judiciary violating the principle of separation and balance of powers and the rule of law, “we read in the published statement.
Who signed the statement?
The declaration was signed by deans from the University of Social Sciences and Humanities, University of Łódź, University of Szczecin, University of Warsaw, Catholic University of Lublin, University of Silesia, University of Adam Mickiewicz in Poznań, Kozminski University in Warsaw, University of Zielona Góra, Jagiellonian University, Maria Skłodowska-Curie University in Lublin, Krakow Academy of Andrzej Frycz Modrzewski, the Nicolaus Copernicus University in Toruń and the University of Gdańsk.
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