For eight years, the totalitarian opposition, which today has transformed into a totalitarian-operatic power, has been shouting loudly about the damage PiS and especially PAD have done to the rule of law.
withInstead of waiting for the president's (pre-)selected candidates to be sworn in for the still-held seats in the Constitutional Tribunal, the new Sejm decided that their selection resolution was a proverbial mistake and so elected a new one. , already without any temporary combinations.
Since then, the opposition media has been happy to repeat the narrative of “improper studies”, including even the accompanying “misunderstandings”, only to defame the President, PiS and finally the Constitutional Tribunal itself.
Of course, the stories of the various Sidlche, Chuchnowski, Lis families, etc. Find the right support. Here is the judgment of the Constitutional Tribunal, which was issued in real live on December 3, 2015 (K 34/15) we are reading:
…..
5. Article 21, part 1 of the Act referred to in Clause 1 (About the Constitutional Tribunal – HD), Understood otherwise than as providing for the obligation of the President of the Republic of Poland to immediately administer the oath of office of the judge of the tribunal elected by the Sejm, it is inconsistent with the article. 194 Section 1 of the Constitution.
…..
They signed above Slavomir Vronkowska-Yashkevich – Chairman, Leon Kieres – speaker, Stanislav Rymar, Andrzej Wrobel and Marek Zubik – the speaker.
This judgment was subsequently published in the Laws Journal on 16 December 2015 (paragraph 2129).
And there's the old lady.
The aforesaid tribunal has grossly exceeded its competence in expressing its opinion on the applicable interpretation of the law. Therefore, Prof. Łętowska, former overtime ombudsman Bodnar and others who defend the drunk with the rank of lieutenant colonel of the secret services, this decision simply does not exist, because it clearly does not correspond to the current constitution.
This is because he is ruthless with the Rzepplin Tribunal.
Article 239.
(…)
2. In cases started before the entry into force of the Constitution, the proceedings regarding the determination of the universally valid interpretation of the provisions by the Constitutional Tribunal shall be terminated.
3. On the day of entry into force of the Constitution, the resolutions of the Constitutional Tribunal on the interpretation of the statute lose universally binding force.. The final decisions of the court and other valid decisions of the public authorities, which take into account the meaning of the provisions established by the Constitutional Tribunal with the generally valid interpretation of the provisions, remain in force.
The Constitution of the Republic of Poland entered into force on October 17, 1997.
The Constitution deprived the Constitutional Tribunal of the competence granted to it by the constitutional norms in force before that, to determine the universally valid interpretation of laws.. In this case, the legislator did not decide to give the Constitutional Tribunal the opportunity to complete the cases before it within the constitutionally established period. He took a radical decision and declared that proceedings regarding the generally applicable interpretation of laws that began before the entry into force of the Constitution are subject to termination.
The right of the Constitutional Tribunal to determine the competence of the constitutional forfeiture, to determine the generally applicable constitutional norms of the provisions assigned to it, is that on the date of entry into force of the Constitution, the decisions of the Constitutional Tribunal on the determination of interpretation. The statute expires. “However, this only refers to the position of interpretive decisions in the applicable legal system. Article 239(1) However, 3 did not decide to repeal these resolutions generally. Therefore, they still exist in legal transactions, but only informative or persuasive value can be attributed to them.” (so L. Garlicki, Review of Article 239, (in:) L. Garlicki (ed.), Constitution).(Constitution of the Republic of Poland. comment, Prof. Dr. Boguslav Banazaki, 2012)
What was the basis of the Rzeplinski Tribunal when it issued a decision that contradicted the constitution that had been in force for 18 years at the time?
Probably the same as Bodnar, Letowska, some judges of the Supreme Court, etc. today. – Recklessness of the crowds, who irrationally believe that the so-called A wise mind cannot be wrong.
Hence the struggle to exclude the right-wing media. Because the message should be the same regardless of the channel.
And while enjoying the hot water in the tap, the old man should give hats to those who are above him.
And that he can visit Germany while picking asparagus.
TAnd the second one only next year.
Before the local and European Parliament elections, Tusk will promise more than the united right government has given all these years.
The already promised “specifications” will probably be repeated.
Tusk perfectly remembers that instead of giving something, it is enough to promise twice.
4/01 2023
Photo: pixabay