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- The judges of the Constitutional Court wrote to the president of the letter in which they report irregularities in the training of the arbitrators
- Przyłęębska emphasized in his reply that the principles adopted by her to determine the composition of the Tribunal are in accordance with provisions of the law
- the warehouses are caused by organizational problems
The Constitutional Court judges sent a letter to the President of the Constitutional Court, Julia Przyłębska, in which they reported irregularities in the formation of arbitration courts of the Tribunal. According to the judges, the practice adopted by Julia Przyłębska departs from the statutory standard
"Almost since the beginning of the mandate of the President of the Tribunal, we observe the practice of shaping the Court, in which we find irregularities" – reads in the letter of the judges of the Constitutional Court to Julia Przyłębska. The judges pointed out, inter alia, unclear criteria for the determination of arbitration groups and no justification for changing these configurations. The following judges signed the letter: Leon Kieres, Piotr Pszczółkowski, Małgorzata Pyziak-Szafnicka, Stanisław Rymar, Piotr Tuleja, Sławomira Wronkowska-Jaśkiewicz and Marek Zubik
President Przyłębska in response to the judges, handed to the Agency Polish press, noted that the rules adopted by the Tribunal to determine the arbitration chambers of the Court are in accordance with the provisions of the law on the organization and procedure before the Constitutional Court. It also stated that the request to present information on the principles it adopts for the composition of the future is without legal foundation.19659007 According to Przyłębska, "irregularities" in the form of "unclear criteria for appointment of rapporteurs and judges "are unfounded. As noted, the Chairs, Rapporteurs and Panellists are named in alphabetical order, taking into account the type, number and order of receipt of cases by the Tribunal. "The application of all these criteria means that it is not possible to easily translate the composition of the particular case in subsequent letters of the alphabet" – underlines the President of the Tribunal [19659007] Organizational matters
Indicate also the need to change the compositions results, inter alia "for organizational reasons such as long-term leave or medical examinations of judges, and aims to ensure the good execution of the statutory powers by the Tribunal ". As indicated by the statement on the changes of judges of the rapporteurs in a situation where the draft resolution was already ready, he was not supported by any example. "A possible change in rapporteur may have been caused by the fact that there has been no deliberations or deliberations for a long time on the issue and that there have been many investigations into the date of settlement. "
Przyłębska also pointed out that the applicable provisions do not provide any justification for the decrees of the president of CT concerning the change of panel of arbitration. She added that it was not practiced by the previous CEOs of the Constitutional Court
Unclear criteria
In a letter addressed to the President of the Constitutional Court, the judges of the Tribunal found irregularities in the composition of the judges, among which: According to the judges, "it is common to use a change in the composition of the judges in the previously designated TC compositions, both for the judges and panel members, including the judges. judges, referees and referees. Eliminating rapporteurs who have previously prepared draft judgments on these issues from the configuration of judges. "The judges also pointed out" almost completely omit some judges from designating compositions examining judges' exclusion requests. "
" The appointment of judges should be transparent and allow each constitutional judge to know what types of judges are to be appointed. Cases in the Constitutional Court will be recognized The observance of the statutory principles of constitution of the organs of the Constitutional Court should in practice guarantee the predictability and transparency of this process, not only to the judges of the Tribunal, but also to citizens observing the work of the Constitutional Court. Tribunal
The judges also pointed out that the principle of the alphabetical designation of the judges of the arbitration groups, including the president and the rapporteur, are provided for in the law.The right of the President of the Constitutional Court to appoint the reporter outside the alphabetical order
can not be extended to other members of the arbitral tribunal "- noted in a letter to the President of the Tribunal
as well as the President of the Constitutional Court for the immediate presentation of information on the current practice of appointment of judges and the rules of Przyłębska to designate these configurations.
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(sap) [19659020]
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