On Wednesday, the Sejm adopted a resolution on "removing the effects of the constitutional crisis of 2015-2023 in the context of the activities of the Constitutional Tribunal." The Chamber found, among other things, that three judges, Mariusz Muszyński, Justyn Piskorski, and Jarosław Wyrembak, are not judges of the Constitutional Tribunal, and numerous judgments of the Tribunal are affected by legal defects. The document also stated that "the function of the president of the Constitutional Tribunal is held by an unauthorized person."
The fact that, as in other democracies, the legislature and judiciary are two separate branches of the government did not stop them.
According to the constitutionalists, this resolution is inconsistent with the Constitution.
"The Sejm cannot simply say goodbye to three judges of the Constitutional Tribunal, or all judges, with a resolution , it cannot invalidate the resolutions on the election of judges of the Constitutional Tribunal adopted by the Sejm of the previous term."
According to Professor Ryszard Piotrowski, the resolution adopted by the Sejm does not produce any legal consequences for the Tribunal. But, it weakens its credibility, which is already low at the moment.
This is not good for democracy in Poland, especially since the EU fully supports the current ruling coalition.
- Based on reporting by Niezalezna(.)pl and Dorzeczy(.)pl.
