Constitutional Tribunal to resume settling competence dispute on March 12

Poland's govt seeks right to fire judges who question court reforms

Źródło: TVN24 News in English

On Tuesday, after three-hour session, the Constitutional Tribunal postponed examining competence dispute between the Sejm, the Supreme Court and the president. The proceedings were paused during judges' questions to the parties. The session is to be resumed on March 12.

The Tribunal heard MP Marek Ast (PiS) who was representing the Speaker of the Sejm, minister Anna Surówka-Pasek representing the president, MP Przemysław Czarnek (PiS) representing the Sejm, and deputy National Public Prosecutor Robert Hernand. Later on judges Krystyna Pawłowicz, Jarosław Wyrembak and Piotr Pszczółkowski were asking their questions.

Representatives of the Supreme Court and the Commissioner for Human Rights were not present in the court. Their standpoint was presented by judge Pawłowicz.

The case was filed by the Speaker of the Sejm Elżbieta Witek in reaction to legal questions submitted by Supreme Court Chief Justice Małgorzata Gersdorf and a resolution adopted by three chambers of the Supreme Court - Civil, Criminal and Labour. The resolution deems as unlawful any court composition having at least one judge appointed the current National Council of the Judiciary (KRS), even though it carries along various results depending on the grade of court and dates of rulings passed.

Sejm Speaker Witek had submitted her motion a day before the Supreme Court passed its resolution. In the motion, the speaker asked for settling a dispute on constitutional provisions regarding separation of powers and appointing of judges. The gist of the dispute is the question whether the Supreme Court is allowed to pass resolutions based on ruling of an international court - which introduce systemic and structural changes to the justice system, or making such changes is an exclusive competence of the legislative. The speaker also asked the TK if the prerogative to appoint judges can be controlled by the Supreme or any other court, or is it exclusive right of the president, who is independent from judicial branch control.

In their standpoints submitted at the TK, he president, the Sejm and the National Public Prosecutor, argued that the SN was not allowed to make changes to justice system and its structure by adopting resolutions. Furthermore, they claim the Supreme Court should not be granted competence to assess appointing of judges carried out by the president. The Supreme Court wants the case to be discontinued due to, as it claims, the Tribunal is not allowed to pass ruling in that regard. Similar standpoint has been presented by the Human Rights Commissoner.

Prime minister's motion

Also on Tuesday the Constitutional Tribunal said it would examine motion submitted by PM Mateusz Morawiecki regarding the abovementioned resolution by three chambers of the Supreme Court.

The head of the cabinet filed the case on February 24, claiming that it had violated, among other things, the constitution, the Treaty on the EU, and the EU Charter of Fundamental Rights.