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Tuesday, March 5, 2024

State Tribunal. Procedure. Members of the tribunal – Przemysław Rosati and Kamila Ferenc comment

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The State Tribunal is a constitutional body used to impose constitutional responsibility, i.e. to judge so-called constitutional torts – said a member of this institution, lawyer Kamila Ferenc, in the “Tak jest” program on TVN24. The second member of this body, Przemysław Rosati, president of the Polish Bar Council, said that it was a “court for politicians” and explained the procedures related to bringing someone before this body.

The guests of the “Tak jest” program were members of the State Tribunal: Przemysław Rosati, president of the Supreme Bar Council and Kamila Ferenc, lawyer.

The lawyers explained the essence of this institution.

Ferenc: the list of entities that may appear before the State Tribunal is closed

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Ferenc explained that it is a “constitutional body serving to impose or adjudicate constitutional liability, i.e. the so-called constitutional torts.” – For violation of the Act, the Constitution, in the case of some bodies, by state officials in connection with their position or in the scope of their office – she listed.

She added that “there is also liability for crimes or fiscal offenses, but only in the case of the president or members of the Council of Ministers.” – However, the list of entities that may appear before the State Tribunal is closed – she pointed out.

Przemysław Rosati said that “The Tribunal of State is a court dedicated to the president, prime minister, ministers, head of the National Bank of Poland, Supreme Commander of the Armed Forces, president of the Supreme Audit Office and people entrusted by the prime minister with managing the ministry.” – In other words, it is a tribunal for politicians in connection with the position they hold and, in fact, what they did or (what – editor’s note) they did not do in the context of observing the constitution and laws – he explained.

Ferenc: the list of entities that may appear before the State Tribunal is closedTVN24

The procedure of bringing before the State Tribunal “multi-threaded”

At the same time, he explained that the procedure for bringing someone before the State Tribunal is multi-layered. – In the first stage, it takes place in the Sejm. There is a commission called the Constitutional Responsibility Commission. This commission conducts a quasi-proceeding that we associate a bit with preparatory proceedings in a criminal case, he pointed out.

– Then there is a resolution, in the case of the president – of the National Assembly, in the case of other people – of the Sejm, which is the consent and at the same time the constitution and materialization of the indictment, which then goes to the State Tribunal and the State Tribunal in two instances adjudicates precisely on this subject. constitutional responsibility – explained the president of the Supreme Bar Council.

Main photo source: TVN24

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