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The Constitutional Tribunal is to comment on the Constitutional Tribunal. Session after the Prime Minister’s motion regarding the full adjudication panel

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Today, the Constitutional Tribunal is to deal with the Prime Minister’s motion concerning the impossibility of examining the case by the full bench, with the participation of 11 judges, in a situation where a minority of the constitutional composition of the Tribunal refuses to adjudicate.

Five judges of the Constitutional Court are to deal with the prime minister’s request on Wednesday Mateusz Morawiecki on the full composition of the Constitutional Tribunal. Currently, the full composition of the Tribunal is at least 11 judges. Such a regulation, according to the Prime Minister, may, however, “limit the adjudication capacity of the Constitutional Tribunal”.

At the end of June, the head of the government stated that “it is important to Constitutional Court could make decisions as a full team, unfortunately they have been blocked for some time.”

The government wants the Constitutional Court to rule on its own caseShutterstock

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The Prime Minister’s motion concerns the constitutionality of the provision of the Act on the organization and procedure before the Constitutional Tribunal, which states that “hearing a case in full bench requires the participation of at least eleven judges of the Tribunal”.

According to the application, “any regulations that exclude or limit the jurisprudence of the Constitutional Tribunal constitute a violation of the constitution”, the act defining the principles of operation of the Constitutional Tribunal may “introduce only such solutions that do not deprive the Constitutional Tribunal of its ability to efficiently perform all functions and tasks assigned to it under the provisions of the Constitution”, and the Constitution states that the Constitutional Tribunal consists of 15 judges, and its decisions are made by a majority of votes, and “does not directly specify the quorum of the full bench”.

The dispute over Przyłębska’s tenure

In the Constitutional Tribunal, a dispute has been going on for several months about the term of office of Julia Przyłębska as the President of the Tribunal, which has recently made it difficult for the Tribunal to assemble a full bench of 11 judges.

In recent weeks, the full composition of the Constitutional Tribunal has been assembled only once – at the beginning of June in the case of the dispute over powers initiated in 2017 between the President of the Republic of Poland and the Supreme Court regarding the right of pardon. The case was related to an invalid judgment against Mariusz Kaminski and other persons from the former management CBA. At that time, 11 out of 15 judges of the Tribunal participated in the hearing.

The full composition of the Tribunal must be assembled, including on the January amendment to the law on the Supreme Court, at the request of the president, which Andrzej Duda referred to the Tribunal in February under the preventive control procedure. The date of the hearing of the Constitutional Tribunal regarding the novella on the Supreme Court was set for June 27, but it was removed from the agenda.

For the time being, there is no new date for consideration of the president’s application. According to PiS, the amendment to the provisions on the Supreme Court is to fulfill the key “milestone” for the European Commission to unlock funds for the implementation of the National Reconstruction Plan.

Main photo source: Shutterstock

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