Monday, December 28, 2015

President Duda: This amendment will strengthen the position … – Television Republic

– It is difficult to understand that three judges may decide the fate of the law chosen by parliament, which elected the society – said Andrzej Duda at a press conference at the Presidential Palace. Today, the President signed a law amending the Law on the Constitutional Court.

– For me Christmas time, it was time analysis also what has happened in the parliament and what has been adopted (…) on the analysis of the decisions I made today it has signed amendments to the Law on the Constitutional Court – said the president.

The amendment to the Constitutional Tribunal Act was passed by Parliament last Tuesday, and the night before Christmas Eve without amendments adopted her senators. Then he went to the president, who could sign it, veto, refer to the CT. Benefited, however, from the first solution.



The importance of the amendment to the Constitutional Tribunal Act

– I believe that this amendment will strengthen the position and situation of the Constitutional Court, the situation in the sense social acceptance – added Andrzej Duda.

As the president explained, it is essential, among others, the question of jurisdiction in plenary session. – The Court should rule on a full court, there are lawyers who have different legal views, ideological (..) increased majority ensures that lawyers in the vast majority agree with each other – he said.

– It is hard to understand the three judges may decide the fate of the law chosen by parliament, which chose society (…) Given the fact that they were often laws on civil rights, then this change strengthens the position of the tribunal – said the president.

People in Poland expect a good change

Andrzej Duda stressed that in his opinion changes made will contribute also to calm the situation, at a time when not only in parliament but also in space the public, the media continue bickering. – Poles expect peace and that if their decisions presidential and parliamentary elections are programs that those politicians who have chosen will be realized – he explained.

– People in Poland wisely make decisions and expect good changes. They expect that next year, 2016 will be the year lowering the retirement age (…) so everyone can decide whether they want or do not want to work longer will be the year an increase in tax-free allowance, so that more people were left in the portfolio – said the President.

He added that another element that should appear in the next year is “famous 500 PLN per child,” or law supporting the family. – These are important issues and it is important to end a barren disputes that discourage people to ensure that interested in what is happening is happening in the political life – he said.

– calls as president of attention in the discussion , in the words (…) appeals to everyone, not just for politicians, but also to experts with in-depth discussion on important issues, about what is happening now in the country – stressed the President.

– This Law will contribute to ending the dispute over the tribunal – he added. Presidential minister also referred to the solutions introduced in the amendment, according to which the Tribunal will adjudicate on matters in accordance with the date of receipt, believing that in this way the ordinary citizen will not have to wait for a solution to his case for years. – I think it is a fair solution – he added.



The most important changes in the law on TK

According to the adopted by parliament and signed by President Project Law and Justice, rule on a full court has required the participation of at least 13 judges of the Court. The project assumes that the Constitutional Tribunal issued a decision in plenary session to fall by a 2/3 majority, which is to increase their seriousness and importance. According to the project as the General Assembly of Judges of the Constitutional Tribunal is required to adopt resolutions by a majority of 2/3 votes. The project allows rule on a smaller composition but only in very specific cases.

The panel of 7 judges is to be assessed the compatibility of laws with international agreements whose ratification required statutory approval. In turn, the 3 judges will be taken decisions on broadcasting gear constitutional complaints and requests for a declaration of constitutionality, which occurred the authority of local government, trade union, employers’ organization, church or other religious association. Composition of the triple will also undertook decisions on disqualification of a judge. Applicants propose that at the request of the defendant, the Court recognized the case at the hearing, which should strengthen the principle of transparency.

The project clarifies that the candidates for President of the Court may be nominated by at least three members of the Assembly, and any person may submit Only one candidate. Tribunal judges are to submit a vow to the Marshal of the Sejm.


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