New Constitutional Tribunal Judges Decide Despite Boycott. Prof. Marcin Wiącek: "We Have a Presumption of legality."
4 Articles
4 Articles
There was no legal General Assembly of the Judges of the Constitutional Tribunal. The spectacle with the participation of usurpers has no legal force. All decisions made are illegal and subject to criminal liability. The beleaguered Tribunal did not include a single judge elected in previous terms of the Sejm.
What about the decisions made by the General Assembly of Judges of the Constitutional Tribunal, in which only eight new judges participated? Are they valid, since many lawyers believe that a quorum of 10 judges constitutes a quorum? Yes, Professor Marcin Wiącek answers, explaining why. He's referring to the Constitutional Tribunal's budget and the disciplinary proceedings against President Święczkowski and Vice-President Sochański.
If you said "A" about the suspension, you have to say an even worse "B" about the quorum – this is how Professor Marcin Matczak commented on reports of plans to change the method of calculating the quorum at Tuesday's General Assembly of Judges of the Constitutional Tribunal. The lawyer and constitutional scholar appealed against going down this path.
"We are dealing with a blatant violation of fundamental constitutional provisions," said Professor Marek Safjan, former President of the Constitutional Tribunal, former Judge of the Court of Justice of the European Union, and Chairman of the Civil Law Codification Commission, on Radio RMF24. He stated that those without legal knowledge may, of course, consider the current conflict revolutionary or completely misunderstand it, but the actions tak…
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