The conflict for the Constitutional Court in Poland is one of the main issues in the long-standing clash between Prime Minister Donald Tusk’s government and the former PiS-led power Carol Nawrocki.
The crisis began in 2015, when the Law and Justice party took power and undertook changes in the judicial system, appointing judges at the Constitutional Court to secure the majority in this institution.
The court has the authority to decide whether the laws adopted in the country are in accordance with the Constitution, it writes. Pubc.
Later, the European Court of Human Rights and the Court of Justice of the European Union concluded that three of the judges appointed during the PIS government were unfairly elected, having taken positions that had already been legally fulfilled by the previous parliament.
The European courts estimated that the Polish Constitutional Court no longer functioned as an independent and impartial institution.
The Tusk government has used these decisions as grounds not to publish Constitutional Court decisions.
After taking office in 2023, Tusk promised depoliticisation of the judicial system, but he failed to fully undo changes made by the previous government. His efforts have been partly hampered by presidents Carol Nawrocki and his predecessor, Andreze Duda, who have used veto rights.
Nawrocki has also refused to swear five judges of the Constitutional Court elected by parliament since March, claiming that their appointment procedure had shortcomings.
One of these judges, Anna Korwin-Piotrowska, has already been temporarily placed at the helm of the court.
Earlier this month, the Venice Commission, the Council of Europe’s advisory body on constitutional issues, asked Nawrock to swear judges so they could participate in the work of the institution.
Justice Minister Waldemar Zurek said Swiecszkoski and his deputy must face criminal charges for preventing new judges from exercising their positions.
However, the government’s actions have also been criticised by some rights experts. Lawyer Marcin Matczak, critical of the PIS judicial reforms, said Swiecszkowski’s suspension has no legal basis.
He warned that police intervention and interpretation that the justice minister could dismiss the Constitutional Court chairman with administrative decision could have negative consequences for rule of law in the coming years.
Meanwhile, the upcoming parliamentary elections in Poland are expected to be held next year. Some observers believe the escalation of the conflict could also be linked to Tusk’s efforts to strengthen political support before the elections. /Telegraphy/
