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PM asks constitutional court to examine legality of Supreme Court resolution

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TVN24 News in EnglishPoland could exit EU over judicial reform clash - top Polish court

Prime minister Mateusz Morawiecki has yet again asked the Constitutional Tribunal to examine the joint resolution adopted by three chambers of the Supreme Court. This time he wants the high court to check this normative act also for compliance with the Polish constitution, as well as with ratified international agreements, such as the Treaty on the European Union and the Charter of Fundamental Rights of the European Union.

The prime minister submitted his first request to examine the resolution (adopted by the Supreme Court on January 23) at the end of January. He argued that the resolution was passed with violation of the law.

The latest, extended motion - submitted at the Tribunal on February 24 - was published on Wednesday at the TK website. In it, the PM additionally asks to check the resolution for compliance with the Polish constitution, as well as with ratified international agreements: the Treaty on the European Union, the Charter of Fundamental Rights of the European Union, and the Convention for the Protection of Human Rights and Fundamental Freedoms.

Furthermore, Morawiecki argues that "keeping this normative act effective" may put Poland at risk of being accused of not executing the CJEU ruling from November 2019, because Supreme Court resolution, "being an illegal legislative activity", violates the rule of law and democracy as stated in the Treaty on the EU.

The resolution in question was passed by the Supreme Court on the 23rd of January. Poland's top court ruled on that day that judges appointed under new government rules had not had the right to issue verdicts. The governing nationalists Law and Justice (PiS) believe it has no right to make such a decision.

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