Mar 9 • 21:36 UTC 🇵🇱 Poland Rzeczpospolita

The government confronts the president of the Constitutional Tribunal, Bogdan Święczkowski. New version of the resolution regarding the Constitutional Tribunal

A new resolution is set to challenge the legality of Bogdan Święczkowski's presidency of Poland's Constitutional Tribunal, aiming to appoint an interim successor.

In Poland, a new resolution is in the works that seeks to undermine the legitimacy of Bogdan Święczkowski's presidency of the Constitutional Tribunal. The initiative does not dispute his membership within the tribunal but questions the legal basis of his leadership, positing that it was improperly established. This resolution aims to pave the way for the immediate appointment of a temporary successor, claiming that the tribunal is effectively being led by someone without proper authority, and that actions taken under this leadership were and remain unlawful. Consequently, it asserts that the Constitutional Tribunal fails to meet the requisite standards of an independent and impartial court.

Furthermore, the resolution will highlight the controversial appointments of three so-called 'duplicate judges' and their subsequent replacements, thereby exposing the legal flaws surrounding their appointments. This is compounded by a recent ruling from the Court of Justice of the European Union (CJEU) that determined the Polish Constitutional Tribunal had violated fundamental principles of EU law. The impending resolution is poised to escalate tensions between the government and the Constitutional Tribunal, led by Święczkowski.

As the Sejm Marshal, Włodzimierz Czarzasty, has announced deadlines for nominating candidates to fill the vacant seats on the Tribunal, the confrontation between the government and Święczkowski intensifies. This situation raises significant concerns regarding the broader implications for judicial independence in Poland and presents a critical test of strength between legislative and judicial authorities in the country.

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