Manipulations in the Constitutional Tribunal
24 May 2018. The Expert Group, including the President of INPRIS Łukasz Bojarski, criticizes the manipulations regarding the composition of the adjudicating panels in the Constitutional Tribunal
The Experts Group at the Stefan Batory Foundation, including Łukasz Bojarski,
"with increasing concern, is observing more and more frequent changes in the Constitutional Tribunal adjudicating panels, which are made immediately before the scheduled date of the hearing.
This anxiety is deepened by the statement of Mariusz Muszyński submitted in a "separate opinion" to the decision of the Constitutional Tribunal of 22 March 2018, K 9/16, which indicated that the President of the Constitutional Tribunal may "change the judge rapporteur as a result of the lack of acceptance of submitted draft verdict by other members of the panel ".
It should be remembered that in case no. K 9/16, the rapporteur changed, because the previous rapporteur, Judge Stanisław Rymar, after more than 12 months from its designation, was removed from the panel by Julia Przyłębska, who appointed Mariusz Muszyński as a rapporteur. In place of the full panel appointed to hear this case, Mrs. Julia Przyłębska has appointed a five-member composition.
The Legal Experts would like to point out once again that:
- Ms. Julia Przyłębska was appointed the President of the Constitutional Tribunal in a manner inconsistent with the law,
- and Mr. Mariusz Muszyński - regardless of how often he would deny it in the press and his own "separate opinions" - is not a judge of the Constitutional Tribunal, because he was appointed to the position already filled by the Sejm of the previous term (see the judgment of the Constitutional Tribunal, reference number K 34/15 and other judgments of the Constitutional Tribunal referring to this ruling)."
The spokesperson of the Constitutional Tribunal replied to the Team's position, however, it did not refer to the essence of the charges formulated against Ms Przyłębska and Mr Muszyński.