President Andrzej Duda decided to mention the Law on Judiciary to the Constitutional Court in the framework of preventive control. A controversial amendment is considered by many to be the surrender of the PiS government to the European Commission.
On Friday (10.02), president Andrzej Duda announced the referral of the Law on Judiciary to the Constitutional Court in order to examine its compliance with the Polish Constitution. This means that the Act will not enter into force if the Constitutional Tribunal considers that its provisions argue the Basic Act.
President Duda besides stated that the agreement negotiated by him with the head of the European Commission was good, but by prolonged work in the parliament resulting from opposition and part of the government camp, it did not come to fruition and the EC withdrew from the agreement. He added that he had not vetoed the amendment of the Act, as he wanted to pay as shortly as possible from the National Reconstruction Plan, but as a guardian of the Constitution he directed it to be audited by the Court.
The Act, or, in fact, the amendment of the current Act, was adopted on Wednesday by the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the European Union, after the rejection of all amendments of the Senate. According to the information provided by RMF FM, the results of the vote were welcomed in Brussels. The advanced authoritative of the European Commission was to say unofficially that "the chief milestones on justice seem to be fulfilled".
Let us remind you what “milestones” are. The money Poland would receive from joint loans under the National Recovery Plan is subject to a number of requirements set by the European Commission. Among the requirements described as "milestones" include changes in the judiciary, changes in the functioning of the Polish parliament, introduction of a registration fee for cars with a combustion engine by the end of 2024, introduction of a taxation for the owners of combustion cars in 2026, introduction of urban zones in 2024, to which only low-emission vehicles can enter, as well as the drive to rise the retirement age. The European Commission besides calls for the creation of a Monitoring Committee, which in an interview was named by Marek Suski "a further step in the liquidation of the Polish state" (PiSowiec Marek Suski himself voted in favour of a "milestone" which assumes the creation of this Committee).
The bill that the president directed for scrutiny would, in many opinions, origin anarchy in the judiciary. Changes in law would give judges the chance to accuse another judges of deficiency of independence, resulting in uncertainty of the legality of judicial sentences in everyday matters of Poles, especially in the current situation, erstwhile there is simply a conflict between government and opposition judges. This would consequence in delays and uncertainty in court proceedings. Moreover, the amendment implies the introduction of the concept of a court established by law. It is an institution unknown to Polish legislation, coming straight from the European Convention for the Protection of Human Rights.
The amendment of the Act is criticised by Polish patriots, including peculiarly powerfully by the national environment. On 4 February, Krakow's Youth of All Poland, in connection with the adoption of the Law by the Law, organised a short performance on the marketplace showing tribute to the flax head of the European Commission Ursula van der Leyen by Jarosław Kaczyński.
The All Poles argued about the unconstitutionality of the amendment of the Act, as well as the harm it will bring to Poles. Nationalists have long shown that Poland's adoption of "milestones" leads to vassalisation of the European Union and failure of sovereignty by our country.
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