Polish parliament urges Constitutional Tribunal to dismiss complaint challenging administrative court laws by former Deputy Justice Minister Anna Dalkowska.
Failed Accusations by Former Deputy Justice Minister
The case concerns a matter where the Constitutional Tribunal set the first hearing for February 19 of this year. It was initiated by Anna Dalkowska, who served as Undersecretary of State in the Ministry of Justice when Zbigniew Ziobro was at its helm.
In 2022, Dalkowska was elected by PiS MPs to the National Council for the Judiciary (KRS), considered unconstitutional. She is also a judge of the Supreme Administrative Court, who came directly from a regional court at the request of the questioned KRS.
Sejm Seeks Dismissal
The Sejm, specifically its legislative committee, has taken a position in the ongoing case before the TK, adopting a resolution requesting the dismissal of the proceedings.
According to the parliament’s lawmakers, three arguments support this decision. First, the complaint in part challenges provisions that were not the basis of the final judgment. Second, the complaint concerns the application of law. Third, the complaint is largely unjustified.
Additional Constitutional Concerns
The former deputy minister also believes that the right to conduct so-called independence tests should not be granted to judges who have joined the codification commissions appointed by the Council of Ministers.
She claims they are directly subordinate to the Prime Minister and the Minister of Justice. Additionally, it was noted that Dalkowska in fact challenged not the provisions themselves, but their interpretation applied by the Supreme Administrative Court.
Interpretation Issues
While interpretation can sometimes be subject to Constitutional Tribunal control if it is confirmed and stabilized, the complainant does not demonstrate this in any way, according to the parliamentary legislator.
Hence the request to dismiss the proceedings, Ziółkowski concluded.
