Sunday, January 15, 2023

Is an amendment to the law on the Supreme Court unconstitutional?

DoRzeczy_pl/Wpolityce_pl: On Friday, the Sejm passed an amendment to the law on the Supreme Court, which, according to the authors, is to complete a key "milestone" for the European Commission to unblock funds from the KPO. The bill will now go to the Senate.

The amendment to the law on the Supreme Court is unconstitutional on many levels and allows for the achievement of the effects sought by the unconstitutional resolution of the incomplete three chambers of the Supreme Court in January 2020, Supreme Court spokesman Aleksander Stępkowski told PAP.

Judge Stępkowski emphasized that the act primarily violates the constitutional principle of protecting constitutional identity in the process of European integration. The point is that the organization of the judiciary is an area in which the Republic of Poland has not transferred any competencies to the European Union.

He adds: 

"No one is trying to hide that the shape of this amendment was fundamentally influenced by the European Commission." The spokesman points out that the role of the Polish Sejm was reduced to a minimum, and the members of parliament did not shape it, but "a narrow group of negotiators from the government and the European Commission, whose democratic mandate can raise doubts."

According to him, "such a situation may create conditions for the use of informal pressure or adjudication in a conformist manner and taking into account extra-legal issues."

Both President Andrzej Duda and the Chief Justice of the Supreme Court, Małgorzata Manowska, critically assessed the amendment.