The leaders of the Civic Platform, Poland 2050, the Polish People's organization (PSL) and the Left – Donald Tusk, Szymon Holownia, Władysław Kosiniak-Kamish, Włodzimierz Czarzasta and Robert Biedron – approved the coalition agreement on Friday. In accordance with the provisions of the Agreement, they undertook to "abbreviate" the 2020 Constitutional Court (CC) judgment.
Point 6 of the Coalition Agreement of the Civic Platform, Poland 2050, PSL and Left says:
“We will strengthen the rights of women, which will be a key area of the Coalition’s activities. We will overturn the 2020 Constitutional Court ruling. Women have the right to decide for themselves. The State will supply circumstantial support to couples planning parenthood by financing the in vitro procedure and full access to free prenatal studies. We will guarantee the implementation of modern standards of perinatal care. Access to free anaesthesia will be a rule, not an exception. peculiar emphasis will be placed on the improvement of a network of nurseries. At the same time, the Coalition parties agree that it is essential to supply additional support for women to return to work after maternity leave in order to build social capital and equalize the position of women on the labour market. The Coalition Parties will work together to address the wage gap and to destruct another barriers to equal treatment in the labour market. The coalition will search effective execution of alimony".
The way in which the Constitutional Court’s judgement was “abbreviated” raised questions among net users.
On our website today, we have extensively described this legal issue in the article: What to do with legally flawed Constitutional Court judgments
In this case, Nicodemus Bernaciak of the Ordo Iuris Institute besides commented that: “The legal form of the “infringement” of the Constitutional Court's judgement announced by the leaders announced present by the coalition is very simple. Just remove it physically from the diary of Laws, which since 2012 has been published only in electronic form".
The legal expression of the Constitutional Court's "infringement" judgement announced by the leaders of today's coalition is very simple.
Just remove it physically from the diary of Laws, which since 2012 has been published only in electronic form.
Carl Schmitt says hello! https://t.co/xOyNHdOF2Ppic.twitter.com/tn1q5bSOAk
— Nicodemus Bernaciak (@n_bernaciak) November 10, 2023
We remind you that on October 22, 2020, the politicized Constitutional Court, formed in a way that violated the law due to the appointment of alleged double judges, issued a judgment, declaring non-constitutional the provision contained in the alleged anti-abortion law of 1993. This provision allowed abortion in the event of severe and irreversible impairment of the foetus or an incurable life-threatening disease.
In accordance with the judgement which led the judges Piotr Pszczółkowski and Leon Kieres to present a separate sentence, it is inconsistent with the Constitution with the circumstantial article of the Act on household Planning, Protection of Human Fetals and Conditions of Admissibility of Abortion. This article dealt with the anticipation of abortion in the event of severe harm or incurable illness of an unborn child.
The politicised Constitutional Court acting on behalf of Kaczyński undertook an evaluation of abortion rules in consequence to the request of 119 PiS Members, PSL-Kukiz’15 and the Confederation submitted in 2019. Applicants challenged the government allowing abortion in medical cases where there is simply a likelihood of severe and irreversible foetal impairment or incurable life-threatening disease. They besides challenged a provision stating that abortion in specified situations is permitted until the fetus reaches the ability to live independently outside the womb.
After the announcement of this judgment, many manifestations took place in Poland.
From
The fresh coalition wants to repeal the judgement on abortion issued by the politicized and illegal TK:
