In fresh weeks, the political scene in Poland has taken on a fresh pace in connection with the coming end of the word of office of respective Constitutional Court judges (CC). In particular, the speech of the talker of the Sejm, Simon Holownia, sparked broad discussions. The Holovnia suggests that the Sejm should not fill vacant seats in the Constitutional Court, which raises questions about the fresh opposition strategy towards this body. What are the consequences of this, and is this the announcement of a boycott of the TK?
Hoverhouse: ‘The Sejm may not fill seats in the TK’
Speaker of the Sejm Szymon Hołownia during a press conference attended by Prime Minister Donald Tusk, Minister of Justice Adam Bodnar, Head of the Standing Committee of the Council of Ministers Maciej Berek and talker of the legislature of Małgorzata Kidawa-Błońska, shared his reflection on the cast of vacant seats in the TK.
"One interesting thing that came from yesterday's discussion. I was wondering if we should be casting places in the Sejm that are about to leave for TK. And the unanimous conclusion of all the experts who attended this gathering yesterday is that we should not," said Holownia.
The speaker's message opens the door to speculation as to whether this decision is part of a broader political strategy of the opposition, aimed at reducing the function of the Constitutional Court, especially in the face of its current controversial cast under the leadership of Julia Przyłębska.
What's behind the decision?
In fresh years, the Constitutional Court has become the arena of fierce political disputes. Dominated by judges elected by a parliamentary majority, this body is accused of bias and violation of the regulation of law. The Court's cast by those associated with the ruling camp, as well as president Julia Przyłębska, raises controversy and opposition to much of the public opinion.
As the talker of the Sejm for the opposition, Simon Holovnia clearly suggests that it is not essential to fill the vacant judges' posts, and could even be interpreted as legitimizing actions that the opposition considers to be incompatible with the principles of democracy and the regulation of law.
Is that a boycott strategy?
The words of Marshal Holowna may indicate a fresh opposition plan for the Constitutional Court. The anticipation that the Sejm will not fill fresh judges erstwhile these places become available opens the question of the future of this body in the Polish legal system.
The absence of seats in the Court may be intended to undermine his legitimacy and function as guardian of the Constitution. However, it should be remembered that specified a decision could have serious consequences, both in the context of the functioning of the Constitutional Tribunal and in the wider functioning of the full judicial strategy in Poland.
What do the experts say?
The experts who felt he had utilized the Holovnia unanimously stated that the Sejm should not supplement the vacant positions in the Court. This may propose that the opposition is seeking to block further activities of the CCC under the current leadership. specified a strategy could affect the work of the Court, but would besides make controversy regarding the balance of power in Poland.
Prof. Adam Bodnar, erstwhile Ombudsman, has repeatedly criticised the current activities of the Constitutional Tribunal, pointing to their contradiction with the regulation of law. Donald Tusk, the leader of the largest opposition party, besides expressed his concern over the state of the Polish judiciary, including the Court.
Political and legal implications
If the opposition decides not to place its positions in the TK, this may consequence in serious political tensions. The governing organization would most likely consider specified action an effort to destabilise state institutions. At the same time, the opposition may argue that specified steps are essential to defend the independency of the judiciary.
From a legal point of view, failure to place in the Constitutional Tribunal could lead to problems in the functioning of the body, in peculiar in the context of the settlement of crucial constitutional matters. On the another hand, the opposition can number on public support, especially among those dissatisfied with the current political situation in Poland.
Summary
Marshal Szymon Holownia opened a fresh chapter in the discussion on the Constitutional Court and its function in the Polish legal system. His proposition that the Sejm should not fill fresh seats in the TK may be the beginning of a fresh opposition strategy against this body. This decision may have far-reaching consequences for the judiciary strategy and the balance of power in Poland.
Read more:
The hoarding centre suggests boycott of the Mędębski Court by not planting vacancies
