The Constitutional Tribunal has ruled on the Pegasus Investigative Committee case

PiS MPs In March, they challenged Article 2 of the resolution of the Sejm of 17 January 2024 on the establishment of a commission of inquiry.

Tuesday's hearing was chaired by Judge Zbigniew Jędrzejewski, the rapporteur was Judge Stanisław Piotrowicz, and the panel included Judge Jarosław Wyrembak. The Constitutional Tribunal ruled that the contested article of the Sejm resolution was inconsistent with the Constitution.

– Article 2 of the resolution of the Sejm of the Republic of Poland of 17 January 2024 on the establishment of an investigative committee (…) is inconsistent with Article 2 of the Constitution of the Republic of Poland. In addition, the Constitutional Tribunal decides to discontinue the proceedings in the remaining scope – said judge Jędrzejewski. He added that the ruling in this case was unanimous.

Back in May, the Constitutional Tribunal – in connection with this motion – issued a protective order in which it obliged the Pegasus investigative committee “to refrain from taking any factual or legal actions” until the final ruling in this case is issued.

– Despite the Constitutional Tribunal issuing an injunction obliging the Pegasus Commission to refrain from taking any action, the Commission will continue its work and will clarify the scandal we were dealing with – she said at the time. the head of this investigative committee, Magdalena Sroka (PSL-TD).

The deputy head of this committee, Marcin Bosacki (KO), added then, referring to that decision of the Constitutional Tribunal: “We treat this pseudo-judgment as a pure political fight by those who fear the settlement of the Pegasus case.” – We will work, we will not be intimidated by pseudo-decisions of the pseudo-Constitutional Tribunal – he added.

While the president of PiS Jaroslaw Kaczynski he said then that “after the Constitutional Tribunal's decision, PiS politicians have no right to appear before the Pegasus inquiry committee.”

The scope of the tasks of the commission of inquiry into operational and reconnaissance activities using Pegasus, established in January this year, includes examining the legality, correctness and purposefulness of activities undertaken using this software, among others, by the government, special services and police from November 2015 to November 2023. The commission's tasks also include determining who is responsible for purchasing Pegasus and similar tools for the Polish authorities.

According to the PiS MPs who submitted the motion, the committee resolution does not specifically specify what system or software is the area of ​​its activities. As it was written, some of the terms contained in the resolution are used “ambiguously” or terms are used that can be “interpreted in a very arbitrary manner.”

The Pegasus Investigative Committee last met last Wednesday. At that time, one of the officers of the Internal Security Agency was questioned.

Still on March 6th The Sejm adopted a resolution on eliminating the effects of the constitutional crisis 2015-2023 and stated that “taking into account in the activities of a public authority body the decisions of the Constitutional Tribunal issued in breach of the law may be deemed a violation of the principle of legalism by these bodies”.

At the end of July The Sejm adopted two acts aimed at reforming the Constitutional Tribunal.then the Senate introduced amendments to these acts and these amendments are currently awaiting consideration by the Sejm, which is to take place this week. In the Senate, work is underway on a draft amendment to the constitution regarding the Constitutional Tribunal.

Since the adoption of the resolution by the Sejm, the judgments of the Constitutional Tribunal have not been published in the Journal of Laws.