The chief justice’s decision, which was widely expected, deepens an unprecedented crisis around the court.
The chief justice’s decision, which was widely expected, deepens an unprecedented crisis around the court.
The development marks a further twist in Poland’s rule-of-law crisis.
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While Nawrocki accepted two new judges chosen by parliament, he refused to receive the oaths of four others.
The president could refuse to swear in the new judges, deepening Poland’s rule-of-law crisis.
As well as signing it, he also sent the budget to the Constitutional Tribunal for assessment.
The CJEU also found that the tribunal is not a valid court as it contains unlawfully appointed judges.
“There is no place in the Polish legal system for a party that glorifies criminals and communist regimes responsible for the deaths of millions.”
Bogdan Święczkowski is accused of abusing his powers when serving under the former PiS government.
The ruling – certain to be ignored by the government – adds to the sense of chaos afflicting Poland’s judicial system.
The legislation aimed to reverse the politicisation of the court by the former Law and Justice (PiS) administration.
The government sees the TK as illegitimate as it contains judges unlawfully appointed by the former administration.
The ruling, however, is likely to be ignored by the government, which does not recognise the court’s legitimacy.
The court says that the education ministry should have first reached an agreement with the Catholic church on the changes.
Jakub Jaraczewski
The situation may take years to resolve.