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What about the Constitutional Tribunal’s judgment on abortion? Żukowska: it will be non-binding. Lawyers explain

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Anna Maria Żukowska (Left Wing) announced that if the Sejm adopts a resolution on the Constitutional Tribunal, the judgment restricting abortion will be “non-binding”. Lawyers commented on this issue in “Fakty po Faktach”. Michał Wawrykiewicz said that one of the proposed acts on the Constitutional Tribunal includes a provision allowing such a judgment to be considered “invalid”. Krzysztof Izdebski assessed that thanks to this “there will be no fear” of applying the provisions from before the Tribunal’s judgment.

During Monday’s press conference in the Sejm devoted to the proposed legal solutions regarding the Constitutional Tribunal the head of the Left parliamentary club and member of the National Council of the Judiciary, Anna Maria Żukowska, said, among other things, that “at the moment, the so-called judgments of the tribunal of Mrs. (Julia – ed.) Przyłębska are burdened with legal defects – those judgments in which the so-called double judges took part “.

She emphasized that the draft resolution of the Sejm regarding the Constitutional Tribunal states that, among other things, the 2020 judgment tightening abortion law, “which actually led – it can be clearly said – to the death of at least several women in Poland, will be considered legally defective, i.e. non-binding.”

Żukowska on the Constitutional Tribunal’s judgment on abortion: it will be considered legally defective, i.e. non-bindingTVN24

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It is about judgment of the Constitutional Tribunal of October 22, 2020, which recognized the provision of the so-called the Anti-Abortion Act of 1993, allowing abortion in the event of severe and irreversible fetal impairment or an incurable disease that threatens its life, as unconstitutional. The verdict caused a wave of protests throughout Poland.

“This gives the prosecutor the opportunity to discontinue the proceedings”

Lawyer Krzysztof Izdebski from the Foundation. Stefan Batory and attorney Michał Wawrykiewicz from the “Free Courts” Initiative commented in “Fakty po Faktach” on TVN24 on MP Żukowska’s announcement regarding the Constitutional Tribunal’s judgment on abortion.

Wawrykiewicz said that the provision contained in the draft act of the Stefan Batory Foundation would apply to this judgment of the Tribunal, i.e. – he explained – if the act came into force, it would be “an invalid judgment, giving rise to no legal effects (…) due to to the understudy panel (in the adjudicating panel – editor’s note)”. – This means in practice that the change in law that took place on the basis of this judgment does not exist – he added.

– So we have the situation before the verdict. This makes it possible, for example, for the prosecutor’s office to discontinue the proceedings it conducted on the basis of this statutory change – he concluded.

Wawrykiewicz: the change in law that occurred on the basis of this judgment does not exist

Wawrykiewicz: the change in law that occurred on the basis of this judgment does not existTVN24

Izdebski assessed that this legal change will be in force from the moment the new laws are adopted.

– I would go further – said Wawrykiewicz. – Because on general principles, applying the judgments of the European Court of Human Rights, applying the judgments of the Polish Supreme Court, including the seven bench, applying the judgments of the Constitutional Tribunal of December 3 and 9, 2015, we can safely claim, and this is happening before Polish courts, that the judgments Julia Przyłębska’s CT scans with the participation of doubles are non-existent and have no legal value – he said.

According to him, “you can rely on it and many cases have already been won on this basis.” – Supreme Court This confirms that such a position is completely justified – added the attorney.

Izdebski: there will be no fear of taking any action

Expert from the Foundation. Stefan Batory also said that thanks to the package of new laws and the resolution, “it will actually be the case that there will be no fear.” – I think this is also very important, especially in the context of this judgment we are talking about – emphasized Izdebski.

– There will be no fear of taking any action to take advantage of these regulations, which many consider imperfect, which took place before this judgment (of the Tribunal – ed.) – he added. – However, what we really need is systemic protection and this certainty that it will not be the courts that will have to appeal to the sense of justice, but that citizens will be sure that there are things they can do – the lawyer emphasized.

Izdebski: there will be no fear of taking any action

Izdebski: there will be no fear of taking any actionTVN24

Wawrykiewicz: Restoring this independent Constitutional Tribunal is a process. It won’t last long

Wawrykiewicz also assessed that “now, when the Sejm will adopt further laws, and the Julia Przyłębska Tribunal – which will probably continue in this state because it will not want to submit to this resolution (the Sejm resolution on the Constitutional Tribunal – editor’s note) – will questioned them, i.e. he will consider them unconstitutional, this resolution will help us as a state to face what the Julia Przyłębska Tribunal will now do next.

He noted that “of course in the transitional period” because “restoring this independent Constitutional Tribunal in Poland is a process.” – It will certainly not last long – he added.

Izdebski and Wawrykiewicz on changes in the law regarding the Constitutional Tribunal

Izdebski and Wawrykiewicz on changes in the law regarding the Constitutional Tribunal TVN24

Main photo source: Longfin Media/Shutterstock.com



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