The fact that Friday's vote on the election of six fresh judges of the Constitutional Court is almost completely gone shows how fast the fronts in Polish politics are changing. in the sound of SAFE. The dispute over the Constitutional Court was a sacred war, and in this dispute the Committee for the Defence of Democracy grew up with the slogan: "constitution, constitution". For many years, the position of the judges of the Constitutional Tribunal was challenged and no judgments were recognized, as the members of the Constitutional Tribunal were alleged understudy judges and those from whom president Andrzej Duda did not take his vows. After the change of power, the Constitutional Court's judgments are not published, which is simply a violation of the law, but nobody bears the consequences due to the fact that the prosecution protects power.
There is no indication that the TK war is about to end and although new, more media attractive fronts are emerging, there are inactive many battles ahead of us and the first can start in a moment. On Friday, the Sejm elected fresh judges of the Constitutional Court: Krystian Markiewicz, Prof. Maciej Taborowski, Prof. Marcin Dziurda, Anna Korwin-Piotrowska, Prof. Dariusz Szostek and Dr. Magdalena Bentkowska. Voting in the Sejm is the first phase of the appointment of judges, the second is the oath. All judges must make a vow before president Charles Nawrock and here the battlefield is revealed. The president announced that no politicized justice would be sworn in, while only political lawyers appeared on the list of recently appointed judges of the TK.
Judge Krystian Markiewcz is the president of the highly politicized Association of Polish Judges Iustitia. justice Anna Korwin-Piotrowska is, in turn, an active activist and erstwhile president of the Association of Judges Themis, as powerfully active politically as Iustitia. The remaining 4 repeatedly stood on 1 side of the political dispute and received a prize from the political key. It cannot be denied that the erstwhile rulings elected judges politically appointed, rather adequate to say that 2 PiS MPs: Krystyna Pawlowicz and Stanisław Piotrowicz went to the Constitutional Court and Bogdan Święczkowski, the National Prosecutor appointed from the time of the Law and Justice. However, it is not crucial to make specified a charge, politicians always change their position after changing their seat. Therefore, it is likely that president Karol Nawrocki will not receive a vow from the fresh TK judges.
For this possibility, the ruling coalition is to have a "B" plan prepared, but it is not a legal and constitutional plan. As usual, on-call experts have appeared, able to present any explanation under political demand, and 1 of these interpretations says that the president cannot refuse to swear, which is highly funny, due to the fact that this has already happened. Another thought is to take the oath by the National Assembly, i.e. by an unauthorized entity. The last patent is to take over the duties of the president of the Republic of Poland by the Marshal of the Sejm, but this is only possible if the president of the Republic of Poland is incapable to hold office, and nothing like that happens. If president Karol Nawrocki refuses to take his vows, the communicative will go back to the circle, and now those who questioned the position of the TK judges will themselves be "Judges of doubles".
There is another serious obstacle to the active exercise of the office of justice of the Constitutional Tribunal and it is the president of the Constitutional Court. erstwhile president Andrzej Rzepiński to judges elected by the Law and Justices blocked access to cases, due to the fact that it is the president who appoints judges to a peculiar procedure. That is precisely what president Bogdan Święczkowski can do. There is small evidence that the atmosphere in the Constitutional Court will clear up and the tribunal itself will be recognised by all parties to the political dispute. Circumvention of the oath before the president of the Republic of Poland in a way that is manifestly violating the law, only it will exacerbate considerable chaos, as a consequence, and the judges and rulings of the Constitutional Tribunal will proceed to be challenged.
We don't believe in anyone, we don't believe in anything! We look at facts and draw conclusions!
