Przyłębska decided to print a pseudo-tribunal on its website

In fresh months, the Government Legislative Centre (RCL) in Poland has resigned from publishing judgments issued by the illegal Constitutional Court (CC) occupied by Przyłębska and respective illegal judges, in authoritative journals. In consequence to this situation, Julia Przyłębska, the occupier of the position of president of this unconstitutional body in person, ordered the publication of these pseudojudices on the Court's authoritative website. This phenomenon sparked debate on the regulation of law, constitutionality and the function of public institutions in Poland. It should be added at this point that the publication of the judgement on the website of the Courts of Cook Kaczyński does not consequence in the entry into legal circulation of this document.

Publication of “judgments” on the TK website

"The publication on the TK website itself does not matter," said constitutionalist Dr. Marcin Szwed of the Helsinki Foundation for Human Rights. However, it argued that judgments had to be published even if RCL did not want to print them in the authoritative journals. In her order, Przyłębska wrote:

"In the absence of any legal basis, the arbitrary withdrawal of the president of the RCL from the constitutional order to immediately print the decisions of the Constitutional Tribunal in the authoritative body, I manage the announcement of the judgments of the Constitutional Tribunal on the Court's website", wrote occupier Julia Przyłębska.

Social and political responses

Julia Przyłębska, occupying the Court after the end of her word of President, decided to print 8 “orders” issued by the Constitutional Tribunal since April. In its reply, the RCL declared that the legal analyses relating to these judgments are ‘persistent’, pointing to the resolution of the Sejm on infringements of the law in the Constitutional Tribunal, which states that the Court has lost its ability to execute its tasks due to the presence of alleged judicial doubles.

Minister Maciej Berek, head of the Standing Committee of the Council of Ministers, commented on the situation, saying:

"Until systemic solutions are introduced, we will gotta operate in a strategy where we do not truly have a TK".

Political aspects of the problem

Przyłębska hopes to support the public in the fight for the publication of TK judgments, calling on citizens to take an interest in matters that concern them directly, specified as pension issues. The Government of the United Right, in peculiar Prime Minister Beata Szydło, previously besides refused to print uncomfortable TK sentences, arguing that they were not judgments. Constitutionalist Prof. Marcin Matczak reminded:

“If we said that Mrs. Szydło committed crimes without publishing the TK’s judgment, we should not now encourage to do the same,” said the demoralized president of the TK who should be in prison for her actions.

Importance of publications on the Przyłębska website

The publication of the judgments of the Constitutional Tribunal on the Court’s website does not have any legal force. Dr. Marcin Szwed emphasises:

‘In order for the judgement to have effect in the form of a formal repeal of the unconstitutional standard, it would should be published in the applicable authoritative journal. specified a replacement publication on the TK website will not, in my opinion, produce the effects referred to in the Constitution."

In turn Prof. Marcin Matczak emphasizes that if the conviction was issued without the participation of the doubles, it should be published. Another opinion is that prof. Wojciech Sadurski believes that the publication of the judgments of the Constitutional Tribunal under the direction of Przyłębska is legally unfounded and politically harmful. The justice of the Constitutional Tribunal at rest, Wojciech Hermelinski, points out that the current situation leads to anarchization of the law.

In our opinion, prof. Marcin Matczak gave his opinion on the publication of judgments handed down by judges who are not doubles forgot 2 crucial aspects. The first is that the activities of the Constitutional Tribunal under the leadership of Julci Przyłębska constitute an illegal body, as the word of office of Kaczyński's cook ended in December 2022. Secondly, that body besides includes persons appointed to service as justice in violation of Article 178(3) of the Constitution. Infringement of that burrow besides renders decisions given by specified a composition invalid by law.

The future of the Court

The government is counting on a systemic solution to the problem with the Court, which would include reforms of the Constitutional Tribunal and changes to the Constitution. However, these reforms may encounter the President's veto, and changes to the constitution require a majority that the ruling coalition does not have. In the present situation, the government does not print any decisions of the Constitutional Tribunal, whether they were issued with doubles or legal judges.