Government awaits the entry into force of the new Act on the Constitutional Tribunal

The Constitutional Tribunal’s position, announced on 11 August, was adopted with unusual haste. It stirs controversy among judges and depreciates the Constitutional Tribunal’s authority.

The Government would like to stress the fundamental role played by procedural correctness in adopting measures by the Constitutional Court, or any other State body for that matter.  The Constitutional Court’s disregard for the procedure provided for in Art. 197 of the Constitution is a flagrant violation of the principle of the tri-partite division of power and the related mechanism of checks and balances.

The Act of 22 July 2016 is based, in principle, on earlier legislative measures such as the Constitutional Tribunal Act of 1 August 1997, which operated for 18 years and did not raise doubts in terms of “European standards.” A number of recommendations put forward by the Venice Commission in its Opinion of 11 March were accounted for in the legislation process.  The measures introduced by the Act are also fully consistent with European standards as they apply to constitutional courts.

Referring to what the European Commission Spokesperson Annika Breidthardt said, we would like to note that any attempt at imposing an obligation on Poland on the basis of a communique, issued arbitrarily and for which the European Treaties provide no grounds, violates the institutional order in the EU and could be regarded as a sign of engagement on one side of the political dispute being now waged in Poland.

We consider it of utmost importance that all EU institutions fulfil their obligations consistently with the Founding Treaties. One of the fundamental principles guiding the EU is subsidiarity, according to which the EU may perform only those tasks which cannot be performed at a local level.

It is in Poland’s interest for the European Union to be a secure place, where our country can anchor itself. The most urgent priority now is to reinvigorate and modernise the European economy out of concern for a stable EU.

The Polish authorities are determined to restore the functioning of the Constitutional Tribunal on stable foundations and its authority. 

Source: Poland MFA