A sharp dispute has emerged between the First President of the Supreme Court and the Ministry of Justice regarding the constitutional necessity of prime ministerial countersignatures on presidential appointments.<\/p>\n
Zbigniew Kapi\u0144ski, First President of the Supreme Court, stated that the June ruling by the Constitutional Tribunal, which questions the need for a prime ministerial countersignature on certain presidential appointments, will help stabilize the court’s operations. Kapi\u0144ski argued that the previous requirement had led to a chronic paralysis of the constitutional mechanisms ensuring the continuity of the Supreme Court.<\/p>\n
Kapi\u0144ski aims to use this ruling to fill vacancies, including the position of the head of the Labor and Social Insurance Chamber, which has been empty since September 2024, and to complete the composition of the Professional Liability Chamber.<\/p>\n
Deputy Minister of Justice Dariusz Mazur sharply criticized the Constitutional Tribunal’s decision, labeling it a dangerous step toward legal anarchy. He argued that the ruling effectively grants the President extra-constitutional prerogatives, which could lead to further flawed appointments and deepen the systemic crisis in the judiciary.<\/p>\n
The Ministry of Justice maintains that the current composition of the Constitutional Tribunal lacks impartiality and independence. Officials have indicated they do not recognize the Tribunal\u2019s recent decisions as valid judgments, viewing them instead as the actions of individuals appointed through flawed procedures.<\/p>\n
The core of the conflict lies in the refusal of the current government to publish certain Constitutional Tribunal rulings in the Journal of Laws, following a Sejm resolution from March 2024 that declared the Tribunal’s decision-making process compromised. Despite this, Kapi\u0144ski insists that the Supreme Court must respect the Tribunal’s final rulings to protect the continuity of public authorities.<\/p>\n
Kapi\u0144ski emphasized that a state governed by the rule of law cannot ignore final declarations of unconstitutionality. However, the Ministry of Justice maintains that adhering to these rulings constitutes a violation of the principle of legalism, deepening the rift between the executive and judicial branches of power.<\/p>\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
A sharp dispute has emerged between the First President of the Supreme Court and the Ministry of Justice regarding the constitutional necessity of prime ministerial countersignatures on presidential appointments. Supreme Court Welcomes Constitutional Tribunal Ruling Zbigniew Kapi\u0144ski, First President of the Supreme Court, stated that the June ruling by the Constitutional Tribunal, which questions the […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"wpai_generated_summary":"","footnotes":""},"categories":[43],"tags":[],"class_list":["post-12170","post","type-post","status-publish","format-standard","hentry","category-politics-and-law"],"_links":{"self":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/posts\/12170","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/comments?post=12170"}],"version-history":[{"count":0,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/posts\/12170\/revisions"}],"wp:attachment":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/media?parent=12170"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/categories?post=12170"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/tags?post=12170"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}