The new law on TK enters into force today – Cable Republic

President Andrzej Duda has signed amendments to the Law on the Constitutional Court on July 30.

July 21 Senate submitted 27 amendments to the new law on the Constitutional Court. Amendments related to, among others, the fact that the president could not apply for consideration of the case to the Court, out of turn influence and that if the disciplinary court ruled to remove a judge from TK, took place without the permission of the President. In addition, the Senate amendments involve the publication of judgments before July 20, with the exception of those normative acts and lost their power, and that the principle of the order of impact will not apply to cases concerning the constitutionality of the objectives or activities of political parties.

July 22 Parliament adopted Senate amendments to the new law on TK and handed the document to the Office of the President.

the new law on TK partly unconstitutional

August 11, the Constitutional Court in a 12-man squad, found partly unconstitutional m.in: general principle of examining applications in order of receipt, the ability to block the full court judgment by four judges, a record that the president of the Constitutional Tribunal shall refer the request to declare judgment to the Prime Minister, the exclusion of the judgment 9.03 from the obligation to publish, unconstitutional commitment of the President of TK, committed to the rule of three judges elected by the current parliament. dissenting opinion to the judgment made Judges: Peter Pszczółkowski, Julia Przyłębska and Zbigniew Jędrzejewski.

“The full composition is a minimum of 13 judges, the president TK allowed to give only 12 judges”

the government promises that the decision of the Constitutional Tribunal does not print because it was issued in violation of the law.

August 11, aired on Czech Television, prof. Kamil Zaradkiewicz explained that the law, which investigated the Court shall enter into force on 16 August. – This partial incompatibility with the Constitution does not mean that TK can not, on the basis of function. Although according to the so-called. December’s novella was that the full composition of a minimum of 13 judges, the president TK allowed to give only 12 judges. This means that today’s decision will be TK evaluate exactly the same as the decision of 9 March 2016 – explained prof. Zaradkiewicz.