The dispute in the Constitutional Tribunal over the term of office of Julia Przyłębska. Marek Zubik: this is one of the most dangerous things that can happen

It is in the Constitutional Court conflict over the term of office of president Julia Przyłębska. At the end of 2022, some lawyers, including former judges of the Constitutional Tribunal, indicated that Przyłębska’s term of office expired after six years, i.e. on December 20, 2022, and that she would not be able to apply for this function again. Przyłębska herself believes that she should lead the Constitutional Tribunal as long as her term as a judge lasts, i.e. until December 2024.

Due to the ongoing conflict, the Tribunal has so far not dealt with the amendment to the Act on the Supreme Court, which was sent there in February by the President. This amendment is to pave the way for the payment of EU funds under the National Recovery Plan.

Professor Marek Zubik, a retired judge of the Constitutional Tribunal, spoke on Friday about Przyłębska’s tenure in Rozmowo Piaseckiego.

– From the point of view of things, it seems that (the president is – ed.) the same person all the time. However, whether this is the way the law sees it is a completely different problem – he said.

As he added, “reality sometimes goes its own way, and the law its own.” “And that’s one of the most dangerous things that can happen,” Zubik said.

– The package of laws that entered into force at the turn of 2016 and 2017, at the time of the appointment of the current president, among other things, said that this was a six-year term, with a one-time possibility of being appointed, without the possibility of re-election – he reminded.

– Six years have passed and as a lawyer I can only say that power in a democratic state and in a republic is exercised only on the basis of a clear legal norm. If there is no other standard that would sustain someone’s ability to exercise power, then I can only answer: six years and it’s over – emphasized the TVN24 guest.