We are facing a very serious constitutional crisis – said Professor Andrzej Zoll, former president of the Constitutional Tribunal, in “Fakty po Faktach” on TVN24, referring to the fact that the unrecognized Chamber of Extraordinary Control and Public Affairs of the Supreme Court is to rule on the validity of the presidential elections. He stated that a new law on this matter must be adopted by then. He added that if Andrzej Duda did not sign it, he could appear before the State Tribunal in the future.
Professor Andrzej Zoll, former president of the Constitutional Tribunal, former Ombudsman, former chairman of the National Electoral Commission, referred in “Fakty po Faktach” on TVN24 to the confusion related to the unrecognized Chamber of Extraordinary Control and Public Affairs of the Supreme Court and the upcoming presidential elections. It is this chamber that will decide on their validity.
Professor Zoll: the law must be changed
Zoll was asked if until Supreme Court does not rule that the elections are valid, the winner of the elections has no right to take an oath before the National Assembly and actually take office.
– First, the validity of the election must be confirmed by the Supreme Court. Then we have the provisions regarding the president's oath. I would like to point out that all this results from the abuse or violation of the constitution by the previous government. We are facing a very serious constitutional crisis, he said. He stated that in this situation, a new law should be adopted regarding the operation of the Supreme Court.
– There must be recognition that the provision that gives this competence (to decide on the validity of elections – editor) to the Chamber of Extraordinary Control must be changed. But this must be done by law. This will be a problem in May, because we may have a situation where the elected person will not be able to take office – he emphasized.
Professor Zoll: the president is sabotaging the performance of his duties
The former president of the Constitutional Tribunal also commented on the comment of the program host Piotr Kraśka that the president Andrzej Duda he certainly wouldn't sign such a bill. – The position of the president who would not sign the act bringing the act into compliance with the constitution is not only a violation of the constitution by the president, but it is also a situation that qualifies for the president's liability before the State Tribunal or in a court in general under the provisions of the Penal Code – he said .
He added that “the president must perform his duties, and for now he is sabotaging the performance of presidential duties.”
To Piotr Kraśka's comment that his words imply that there is no possibility for someone who wins the elections in May to later take over as president, Zoll replied: – That is why it is necessary to change the law before the elections.
Main photo source: TVN24