Storm of comments after Duda's decision to mention the fresh about the KRS to the way of the Przyłębska Tribunal

President Duda's decision to mention the amendment of the Act on the National Judicial Council (CRS) to the Constitutional Court announced on Friday sparked a wave of criticism from the politicians of the ruling coalition. Deputy Minister of Justice Arkadiusz Myrch commented on this decision on the X portal in harsh terms, stressing: “By directing the bill to a politicized TK, he takes work for the crisis in judiciary. But we will not let go!’ We remind you that Duda had previously signed laws in which the convicted offenders did not vote and utilized in the follow-up control of the Tribunal. However, these laws did not apply to the neoKRS Pokemons' chops which he himself appoints.

Conditions for President's decision

President Andrzej Duda addressed the amendment of the KRS Act to the Constitutional Court under preventive control. The key presumption of the amendment is the introduction of secret and direct elections of 15 judges-members of the National Court registry by all judges in Poland. president Duda stressed that the composition of the Sejm, which worked on the bill, was "incomplete" due to the "blocking of the anticipation of fulfilling the mandate" by Mariusz Kamiński and Maciej Wąsik.

We would like to remind you that Duda's pardon in violation of the law did not let written criminals to participate in the vote on the fresh due to the failure of the Member's mandate. Unfortunately, the ignorant Duda does not absorb it in his empty head.

We would like to remind you that the legal basis for the failure of written mandates by both written criminals was Article 247(1)(2) of the Electoral Code in conjunction with Article 99(3) of the Constitution of the Republic of Poland and Article 11(2)(1) of the Electoral Code.

Constitutional doubts

Andrzej Duda, known for the widespread violation of the Constitution in terms of the protection of literate criminals and the appointment of neojudges to the positions of public officials in a manner contrary to the law, expressed concern about the compliance of the Act with the Constitution. The reservations concern, among another things, the passive right of election of judges to the KRS and the anticipation of questioning the President's prerogative to appoint judges. According to the Constitution, the president has the right to appoint judges, which may be violated by the fresh provisions contained in the amendment.

Criticism by the governing coalition

The ruling coalition politicians express discontent with the President's decision. Arkadiusz Myrcha in his entry on social media pointed to the political implications of referring the bill to the Constitutional Court, which he felt was politicized. These words propose deep divisions and tensions between different political factions in Poland.

‘No surprise. president Duda is the 'Godfather' of the present KRS. He doesn't care about change. It does not, however, depend on the regulation of law and the Constitution. By directing the bill to the politicized TK, it takes work for the crisis in the judiciary. But we will not let go!” said Deputy Minister of Justice Arkadiusz Myrch.

Minister Bodnar besides referred to Duda's referral to the illegal KRS.

"The president does not want to rebuild the constitutional framework of the KRS. He decided to prevent the restoration of the independency of the judiciary. He will not participate in the restoration of the regulation of law. On 15 October, the majority of Poles and Coalition will lead to their implementation. A question of time," commented Minister of Justice, lawyer General Adam Bodnar.

"The decision by president Andrzej Duda sending the KRS bill to the neoTK means 1 thing. Without the organisation of the Constitutional Court, we will not make any reforms. We gotta do this," wrote Mr Roman Gierty.

"For the sake and work of restoring the regulation of law, we have passed changes to the KRS. Unfortunately present they collided with the President's referral to the politicized pseudo-TK. Thus, Andrzej Duda will be liable for the continuation of the crisis in the judiciary" – said Deputy Marshal Monika Wielichowska (KO).

“The President, directing the KRS bill to the TK, wants to make absolute paralysis so that the restoration of the warrant of civilian rights in the form of an independent KRS is not possible”, said 24 MP KO Witold Zembaczyński on Polish Radio. "The president shows that as long as his word of office lasts, as long as no corrective packages, the introduction of the regulation of law, making EU money to Poland, he will not be welcome in the presidential palace," he said.

Amendment of the KRS Act. Ministry of Justice on politicisation

"The amendment of the National Judicial Council Act introduced in 2018 (at the initiative of Law and Justice) led to politicians choosing members of the Council judges. It should be remembered that the Council is simply a constitutional body that protects the independency of the courts and the independency of the judges, whose main task is to give opinions and to present candidates to the president to appoint judges," the Ministry of Justice pointed out in January.

"These changes were negatively assessed by the European Court of Human Rights. The politicization of the fresh National Judicial Council, as well as the shortening of the word of office of its earlier members, was besides recognised by the Venice Commission and by Brussels as a blow to the independency of the Polish judiciary," the ministry recalled.

Political context and publication of decisions of the Constitutional Tribunal

Regardless of the course of the trial and its outcome, it is almost certain that the judgement given by the Constitutional Tribunal will not be published in the diary of Laws. To date, there has not been any publication of the decision of the Court of the Republic of Moldova given after 6 March 2024, that is to say, following the resolution of the Sejm concerning the recovery of the Court.

We would like to remind you that the Constitutional Tribunal is presently deprived of the characteristics of the court established by the law due to the deficiency of a decently appointed president and the judges of the doubles (the unknown word of the Constitution), as well as of judges appointed in violation of Article 178(3) of the Polish Constitution. Consequently, any judgement given in a composition established in violation of the basic rule applicable to the selection of judges of the Constitutional Court infringes the essence of the right to a court established by the Act.