Today, the Constitutional Court has lost almost everything, said Professor Marek Safjon, the former head of this body and former judge of the Court of the European Union in “Fact po Factach” on the TVN24 channel. He said about Bohdan Švickovski that he was not legally elected as the head of the court and, therefore, he has no “field of discussion” with the representatives of the legislative and executive powers. He also showed how, in his opinion, Shvychkovsky should be treated in this situation.
Professor Marek Safjon, former judge of the Court of Justice of the European Union, former president of the Constitutional Court, commented on the appointment of Bogdan Shvickovski as the president of the Constitutional Court in “Fact by Factach” on TVN24. He is a former national prosecutor, whose activity has been the subject of many protests in recent years. At the same time, experts have many doubts about the legitimacy of the Constitutional Court itself.
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“The Next Stage of Extinction”
– In my opinion, we are dealing with another stage of real violation of the system of constitutional control of the law. This is even more worrying because it concerns the main body responsible for the state of constitutional rights in our country, said Safjan. He added that “The Constitutional Court has certainly lost almost everything today.”
– They say that this member is a member who – here I use the very appropriate term of Professor (Miroslav – ed.) Wirzhikovskiy – committed suicide. The Constitutional Court committed suicide when it issued decisions that were purely instrumental and in fact created a tool to undermine the rule of law. However, this stage we are in is another stage where disturbing events are happening and their future is not good, continued the former judge of the European Union Court of Justice.
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– Because it is hard to believe that the chairman of the Constitutional Court can manage this tribunal completely objectively. And first of all, to ensure the relevant authority of this body. Public trust is very important. No constitutional court can function in a democratic society if it does not have the necessary trust, emphasized Professor Safjan.
A conversation with Swiczkowski? “There is no room for debate”
According to the news of the guest of “Facti po factach”, Shvychkovskii was “illegally” appointed as the chairman of the tribunal. – Because the (general) meeting of the Constitutional Court, which appointed the candidates, was attended by people who are not judges and were appointed there illegally. Therefore, this is the basis for finding a wrong organization of the governing body of the tribunal, – said the former president of this institution.
Safjan also pointed to Shwiczkovski's announcement that he wants to meet with representatives of the legislative and executive bodies and discuss the current situation in the Constitutional Court.
– In my opinion, unfortunately, there is no room for discussion in this matter, because we are dealing with a person who is not effectively and legally elected as the chairman of the tribunal. Without this, he cannot be an interlocutor in such a conversation, he said.
Safjan: In my opinion, you should not address Swiczkowski as “Mr. President”.
Safjan was asked whether it is possible to say that he can be called the “chairman of the Constitutional Court” due to the wrong way Shvickovsky was elected.
– If I answer this according to my beliefs and according to the law, in my opinion, he should not be addressed as “Mr. President of the Constitutional Court” and described as the President of the Constitutional Court. . Just as it is difficult to describe part-time referees as referees today, he said.
– So how do you address him? – asked the owner Pyotr Krasko. – So far, no one has questioned his position as a tribunal judge. So, “judge of the Constitutional Court” is the maximum that can be said, Professor Safjan.
Professor Safjan: In my opinion, you cannot refer to Swiczkowski as “Mr. President” TVN24
“Very embarrassing situation.” Professor Safjan about the Romanovsky case
Prof. Safjan also talked about the case of PiS MP, former Deputy Minister of Justice Marcin Romanovsky. Prosecutors issued a warrant for his arrest after police failed to locate him. The politician was charged in connection with the investigation of violations in the Justice Fund.
The former chairman of the Constitutional Court commented on the fact that politicians defending Romanovsky use the term “civil disobedience” in public. He stated that “we are dealing with a blatant abuse” of this concept.
– Civil disobedience is actually an act of opposition to the law, but at the same time it is assumed that such a person considers the consequences. This means that he will fight to the end, given these unpleasant consequences. If Mr. Romanovsky had expressed his opposition and, first of all, constantly fought the court proceedings, (…), probably it would have looked different, – said Professor Safjan.
– But a former deputy minister of justice, who commits such an act, hides from the justice system, which is a very shameful situation for an outside observer, – added the guest of TVN24.
“Very embarrassing situation.” Professor Safjan about the case of Romanovsky TVN24
Main photo source: TVN24
