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Revision as of 02:59, 8 January 2016 by Lembit Staan (talk | contribs)(diff) ← Previous revision | Latest revision (diff) | Newer revision → (diff)The Polish Constitutional Court crisis of 2015 refers to a series of political conflicts following the Polish parliamentary election, 2015 regarding amendments to the organization of the Polish Constitutional Court.
Background
Election of Constitutional Court Judges
On October 8, 2015 the Polish Parliament (Sejm) elected five new Polish Constitutional Court judges. Three of them replaced judges whose nine-year terms had expired, while two were supposed to replace judges, whose terms were almost, but not quite, over. The Polish President, Andrzej Duda, refused to swear any of these judges into office.
After the Polish parliamentary elections in October, Sejm passed an amendment to the existing law on November 19, which called for shortening the term limits of the previously elected president and vice president of the Constitutional Court. The amendment was signed into law by President Duda, but was challenged at the Constitutional Court.
On December 2, the Sejm elected five new PiS-affiliated judges, who were sworn into office by President Duda not waiting for the verdict of the Constitutional Court. PiS members of Sejm were arguing that the previous appointments made by PO were in contravention of existing law. On 3 December 2015 the Constitutional Court decided that the October election of three judges was valid, while the election of other two breached the law. The Constitutional Court obliged President Duda to swear these three judges into office. President Duda refused to do so, because, according to his spokesman, the number of Constitutional judges would now be unconstitutional.
Legislative changes
On 23 December 2015 the Sejm passed a law, which re-organized the Constitutional Court. The amendment introduced a two-third majority and the mandatory participation of at least 13, instead of 9, of the 15 judges. Art. 190 (5) of the Polish Constitution requires only the majority of votes. The Washington Post regards the implimentation of a two-third majority as effectively paralyzing the Court.
Furthermore, pending constitutional proceedings are liable to a compulsive latency time of six months with limited cases of a 3-month latency in exceptional circumstances. The Court is now bound to handle the cases according to the date of receipt. Judges of the Constitutional Court might be dismissed on request of the Sejm, the President or the Department of Justice.
The bill was approved by the Polish Senate on 24 December 2015 after an overnight session and signed by President Duda on 28 December 2015.
Domestic reaction
On 12 December 2015 protests organized by the Committee for the Defence of Democracy were joined by up to 50,000 people in Warsaw. The next day some 35,000 pro-government supporters rallied in the capital. The Supreme Court of Poland and the Polish Lawyer's association regard the amendment as a breach of Art. 190 and unconstitutional.
Lech Wałęsa, former President of Poland and leader of the Solidarity movement in the 1980s, stated that the current situation might lead into a civil war and that the way in which PiS was proceeding did not amount to an "open and democratic" reform process. Wałęsa called for a referendum about the latest changes of law. "This government acts against Poland, against our achievements, freedom, democracy, not to mention the fact that it ridicules us in the world...I’m ashamed to travel abroad."
Leszek Miller the leader of opposition left-wing party SLD and former Prime Minister of Poland criticized western, especially German media, and other critics of PiS saying that they are "hysteric" and that there is nothing indicating a "coup", as PiS is simply regaining power from the Civic Platform. Miller also accused the leader of Constitutional Tribunal of acting like a "politician of Civic Platform".
International reaction
Martin Schulz, President of the European Parliament described the political situation in Poland as dramatic and the latest actions of the Polish government as having the “characteristics of a coup”. Schulz explicitly refused to renounce this appraisal after protests by Beata Szydło and Witold Waszczykowski.
The European Commission Vice President Frans Timmermans wrote in a letter addressed at Poland's ministers of Justice and Foreign Affairs, that the EU's executive body "attaches great importance to preventing the emergence of situations whereby the rule of law in (a) member state could be called into question," and that he "would expect that this law is not finally adopted or at least not put into force until all questions regarding the impact of this law on the independence and the functioning of the Constitutional Tribunal have been fully and properly assessed."
Jean Asselborn, foreign minister of Luxembourg, which holds the EU presidency, called on the European Commission and Parliament to act, especially because “The limitation of the rights of the constitutional court is not acceptable. Marek Magierowski , head of the Polish presidency's press office, criticized Asselborn's reactions pointing out that he was one of the chief leaders of the country when it was engaging in a financial scandal involving tax avoidance schemes reaching billions of value, "In place of Mr Asselborn I would be very restrained in pointing out fingers towards any country" Magierowski stated.
Anne Brasseur, President of the Parliamentary Assembly of the Council of Europe, called on Polish politicians "not to enact, precipitously, legislation relating to the Constitutional Tribunal which may seriously undermine the Rule of Law."
Amnesty International and the Helsinki Foundation for Human Rights also expressed their concerns.
British The Times criticized the reaction of part of Western media and EU politicians stating that constant scrutiny and criticism of actions by new government of Poland is "partially justified but mostly highly exaggerated
On 6th January Victor Orban the Prime Minister of Hungary met with Jaroslaw Kaczynski for a six hour meeting, it is widely believed that coordination of common responses to EU was one of the topics debated
References
- Sobczyk, Martin (26 November 2015). "Poland's Ruling Party Seeks to Replace Judges Who Have Final Say on Laws". Wall Street Journal.
- Szary, Wiktor; Pawlak, Justyna (3 December 2015). "Tussle over judges turns into constitutional crisis in Poland". Reuters.
- Scally, Derek (12 December 2015). "Constitutional crisis in Poland intensifies over judicial jobs". The Irish Times.
- "President Duda won't implement constitutional tribunal ruling". Warsaw Business Journal.
- ^ Cienski, Jan (24 December 2015). "Poland's constitutional crisis goes international". Politico.
- ^ "Poland's new right-wing leaders have crossed a line". Washington Post. 22 December 2015.
- ^ "Polish government policies risk 'civil war,' former leader Walesa says". Deutsche Welle. 18 December 2015.
- ^ Goettig, Marcin (22 December 2015). "Polish parliament passes contentious amendment to top court law". Reuters.
- The Constitution of The Republic Of Poland. The Republic of Poland.
- ^ "Poland: Lech Wałęsa warns against 'undemocratic' curbs on court". The Guardian. 23 December 2015.
- ^ Baumann, Meret (21 December 2015). "In Polen wächst der Widerstand" (in German). Neue Zürcher Zeitung.
- Flückiger, Paul (23 December 2015). "Regierung in Polen entmachtet Verfassungsgericht" (in German). Tagesspiegel.
- Kisilowski, Maciej (24 December 2015). "Poland's democracy is crumbling". Politico.
- "Poland's senate votes to curb power of top court". The Guardian. 24 December 2015.
- "Poland's president signs constitutional court bill amendment". Deutsche Welle. 28 December 2015.
- Szary, Wiktor; Florkiewicz, Pawel (12 December 2015). "Thousands march against Polish government as constitutional spat drags on". Reuters.
- TVN24 2016, 11:15 Miller: PiS nie dokonuje zamachu stanu. Zachodnie media histeryzują. Schetyna też
- Day, Mathew (15 December 2015). "EU parliament head refuses to apologise over 'coup' comment after Polish PM request". The Telegraph.
- "EU warns Poland on rule of law as constitutional crisis escalates". Deutsche Welle. 24 December 2015.
- Gera, Vanessa (23 December 2015). "New Polish government criticized for democratic backsliding". Associated Press.
- Poland’s new government finds a model in Orban’s Hungary Financial Times 06.01.16
