In accordance with the legally flawed provision for a safety issued without a wash base and in a defective composition by the illegal Constitutional Court (CCC), controlled by the Law and Justice Office, the Minister of Justice cannot appeal neo-presidents and "Vice-Presidents" of the courts without the consent of the politicized neo-KRS. Since a safety issued in violation of the law has respective legal defects, it is simply a ‘document’ legally ineffective and the persons who issued it should hear a criminal charge, for example Article 231 k.k.
That decision follows a neo-KRS application which has challenged 2 provisions to the TK governing the procedure for dismissing these posts.
This is simply a consequence to the actions of Minister Adam Bodnar, who started the procedure of dismissing dozens of neo-prizes and “Vice-Presidents” of the courts appointed by Zbigniew Ziobra, and had already cancelled some. The minister accused the appealed that their choice was based on political loyalty or repression of judges. The fast cancellation of illegal Pokémons from their positions is possible thanks to affirmative opinions of judicial colleges which did not require the approval of the neoKRS.
However, the NeoKRS, to whom the ground is burned under their feet, believes that specified an "extraordinary procedure" clearly violates the constitution. It's just a shame that a bunch of criminals didn't see the problem erstwhile the Law on Judiciary was redrafting in the time of the Law and Justice, which introduced these laws. "The participation of the CoR in the process of giving an opinion on the intention of appeal must not be disregarded", she wrote to the TK in her application.
NeoKRS hopes that the illegal Przyłębska TK will block the anticipation of canceling neo-presidents without its opinion. Then she would have judged all Bodnar's conclusions, most likely blocking the cancellation of Ziebra denominations.
The minister has to halt himself.
The case of the appealed neo-priests will be dealt with at the beginning of June, but it has taken a decision without a legal basis to introduce a safety which is allegedly to be in force by that illegal authority until the judgement is given. According to the wording of this ‘order’, the Constitutional Court ‘required the Minister of Justice to refrain from taking action’ on the basis of 2 contested provisions. We remind you that this pato-institution has repeatedly issued legally flawed safeguards that have never been respected by the Minister of Justice.
"The TK forbids the Minister from dismissing the Presidents and Vice-Presidents of the courts without the approval of the KRS", the Council announced. The Court issued them last week.
– The safety shows that the Minister of Justice cannot dismiss the Presidents and Vice-Presidents of the Courts and appoint fresh Presidents to replace them without the opinion of the Council – the spokesperson for neoKRS Ewa Łosińska told us.
The introduction of “security” was decided by the composition of the illegal Constitutional Court, which consisted of 5 people and was chaired by the erstwhile national prosecutor from the time of the Law and Justice Bogdan Święczkowski. This composition besides included erstwhile MPs, Krystyna Pawłowicz and Stanisław Piotrowicz, and judges Zbigniew Jędrzejewski and Rafał Wojciechowski. Rafał Wojciechowski expressed his separate opinion, claiming that the TK could not decide to introduce a safety in this case.
However, most of the defective composition of the illegal TK, thus violating the Constitution, concluded that the deficiency of a safety could seriously impede or even prevent the enforcement of a future judgement on the contested provisions.
‘The appeal of the president or Vice-President of the Court shall entail the launch of the procedure for appointing their successors. The instrumental usage of the institution of appeal has further consequences in the exercise of the statutory competence of the president and Vice-President by those successors," explained the order of the Constitutional Tribunal.
As he added, a possible judgement on the unconstitutionality of the rules would require that the actions taken by these fresh presidents and vice presidents be moved. "The reversal of the effects of the above measures would be greatly hampered, even impossible," he said.
It is worth adding here that the composition of this illegal body, which is connected to the PiS party. Thus, in accordance with Article 178(3) of the Constitution of the Republic of Poland, the Constitutional Tribunal is deprived of the characteristics of the Tribunal established by the Act erstwhile an unauthorised individual is in its composition. On this basis, it must be concluded at the outset that the ‘order’ issued in a composition established in breach of the basic regulation applicable to the selection of the judges of the Constitutional Court and consequently infringing the essence of the right to a court established by the Act has no legal effect.
Moreover, the safety issued by the Court of the Republic of Poland is not only defective due to its composition, but besides is not legally effective against Minister of Justice, since according to the regulations, specified safety can only be issued by the court to the participants in proceedings.
The Constitutional Tribunal is legally not entitled to issue safety provisions. What has been proven repeatedly to Pokemons from this illegal institution under the leadership of the cook Kaczyński in the resolutions issued on TVP and Barski matters.
To confirm this, it is worth pointing out, for example, the order of the Constitutional Tribunal of 22 February 2006, No K 4/06, issued on the request of the Group of Members to establish the unconstitutionality of the provisions referred to therein. In this application, applicants claimed to issue a safety as a basis for establishing the provisions of the civilian Procedure Code (Article 730 in conjunction with Articles 732 and 755 of the Code of civilian Procedure). The Court did not take into account the application by claiming that the institution of the safety only applies in cases of constitutional actions after the applicant has exhausted the full legal course of action.
Continued here:
The illegal TK stands up for the neo-presidents of Ziobry and “infects” Bond with their appeal
