– The amendment of the Law on the Constitutional Court is a provision which the Constitutional Tribunal can not now realize – said in a television studio, Republic of Jerzy Stepien, Judge TK idle, former president of the Constitutional Court.
As pointed out Stepien, after the entry into force of the amendment yesterday Tribunal Act, in the current situation tribunal is facing requirements, which it is not able to meet. Former president of the Constitutional Tribunal explained that it is a requirement to rule on a full court 13 judges that can not be met, because 5 judges were elected illegally. – We give TK tool that he can not use – said prof. Stepien
– There is a full composition of 13 judges (…) these judges (of which the Tribunal ruled that they were elected niekonstytucyjnie – ed.) Are such judges pretend – said the former chairman of the tribunal.
As explained Stepien, in a situation where the Constitutional Tribunal ruled that the previous term of the Parliament elected two judges as unconstitutional, and the current term of Parliament elected three judges as unconstitutional, the entire procedure should be repeated. Guest Television Republic stressed that the swearing-in of the missing five judges, would also change the law on TK, so that it is constitutional.
Stepien also stressed that although he is confident that the judges elected by the PiS resolutions of Parliament were elected unconstitutionally, it is not easy to interpret the situation. – In almost hard to find two analogous situations, you have to look at the broader context – said the judge, emphasize, however, that in his opinion the resolutions voted by the PiS should not be selected the new judges.
The contested TK by AFTER 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. Yesterday took advantage of the first solution, which means that the new rules were approved. Read more
Yesterday evening amendment to the Law on the Constitutional Court has already been published in the Official Gazette, which means that these provisions are already in effect.
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