Monday, December 18, 2023

Did the EU and Civic Platform go too far? The Constitutional Tribunal may outlaw the party

 On Friday, the Office of Communication and Promotion of the Ministry of Justice announced that the head of the Ministry of Justice and the Prosecutor General, Adam Bodnar, submitted a draft amendment to the regulation - Regulations on the operation of common courts which introduce CJEU judgments as sources of law.

"The Minister of Justice, Adam Bodnar, violates the constitution in a brazen and provocative manner. It cannot be that the Minister of Justice sends a circular to judges telling them what to use in their judgments. In fact, it violates the constitution because the judgments of the CJEU or the European Court of Human Rights are not sources of law in Poland," – said Janusz Kowalski, a politician of the Sovereign Poland party.

"You have to use the constitutional formula. (...) The Constitutional Tribunal, in accordance with the constitution, may assess the activities of such a political party if the political party directly aims to violate the constitution. All actions of today's government violate the Constitution. The Constitutional Tribunal may ban such a party. Our constitutional rights must be strictly enforced. No joke. If there is a Minister of Justice who wants to dictate to judges what to rule, there is no consent to this. If there are PO MPs, the entire government that wants to de facto dismiss judges of the Constitutional Tribunal and members of the National Media Council through resolutions, having no regard for the constitution, no regard for the law, it means that the party that rules today is ruling contrary to the provisions of the constitution," – announced Kowalski. 

Referring to questioning the status of 2,000 judges as a result of the regulation, Kowalski pointed out that "this will affect millions of Poles [...] it means to question 6 million judgments."