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Przyłębska’s fate needs to be clarified within a few months. The legal confusion makes two interpretations possible.
The first: after a 6-year term, he releases the chair as president in December 2022 and remains only a basic judge.
The second: the 6-year term does not apply, so he remains president until December 2024, when he will leave the Constitutional Court entirely.
More information from Polish politics on the Gazeta.pl home page.
The closer one gets to this earlier date (December of this year), more and more new arguments in favor of his departure can be heard in the leadership field.
A prominent camp politician in power: – Keeping Julia Przyłębska as President of the Constitutional Tribunal until the end of her presence in court will cause the European Union to question her legitimacy. The European Commission will again have a reason not to pay us money. Even if we reach milestones, the case of Przyłębska and the money will explode and it will not.
But from the beginning, starting with the newly released emails. What follows from this? Well, what Gazeta.pl has been writing for months: Przyłębska remains united with Prime Minister Mateusz Morawiecki. The head of the Prime Minister’s office, Michał Dworczyk – and this is Morawiecki’s right hand – was to consult with Julia Przyłębska about the work of the Constitutional Tribunal. “Mateusz, today (shortly after your interview) I visited Ms. Julia P. I discussed 3 topics with the president” – we read on the news. The “Three Themes” are three sentences of the Constitutional Court.
The first concerns the ruling of March 2019: it was then that the Constitutional Court found the provision under which the pensions of women born in 1953 were unfavorably calculated unconstitutional.
The second case ended in June 2019 – the Constitutional Court ruled that the lack of access to the invalidity pension by people with invalidity pension is incompatible with the constitution.
The third case concerned the declaration of inconsistency with the constitution of the law on principles and the procedure for real estate expropriation in the context in which it excludes the possibility of purchasing transmission easements.
It sounds specialist, but each of the sentences carries specific costs to the state budget. Respectively (according to Dworczyk’s estimates contained in the email): PLN 250 million – 1.5 billion, 5 billion and several billion. In total, around PLN 20 billion. As Dworczyk wrote, one of the cases is being dealt with by Tomasz Fill, another trusted advisor to the prime minister. Prime Minister Mateusz Morawiecki concluded the email with the words “Yes – OK, thank you”. Przyłębska herself stated in the last interview that she “has never argued with anyone and does not discuss any judgments”.
“President Julia” or “Mrs. Julia P.”, as she is called in the ruling camp, has been one of the most important figures in the ruling camp since she took control of the Constitutional Tribunal. Thanks to this, her husband-prof. Andrzej Przyłębski-lui He was the ambassador to Germany, and now the government camp is looking for him a new job, because he has returned from office. In turn, the son – Marcin Przyłębski – is PZU’s director of sponsorships. These positions are a price for the loyalty of the President of the Constitutional Court.
The ruling camp has the problem with Przyłębska, however, who wants to remain as president of the President of the Constitutional Tribunal until the end of his presence in the Constitutional Tribunal, that is, until December 2024. And his opponents would rather become – after six years in office – base judge in December 2022
Where did these two options come from? This is the result of a legal loophole that PiS paid for in 2016. However, PiS’s intention at the time was to define the term of office of the President of the Constitutional Court for six years, because it was previously assumed that the President could last up to nine years. However, it turned out to be a legal deal. Individual days matter.
On 20 December 2016, the law on the Constitutional Court entered into force.
21 December 2016 Przyłębska was appointed by the president to the post of president. The law introduced for the first time (previously there were no such provisions) the 6-year term of office of the President of the Constitutional Tribunal.
But – what matters – the regulation on the 6-year mandate entered into force with a 14-day vacatio legis (January 3, 2017), i.e. immediately after Przyłębska’s appointment.
And if so, Przyłębska argues that her 6-year provision does not apply and that she will be president for as long as she was before: until the end of her presence at the Constitutional Court. Przyłębska insists on her own, ordering legal opinions to confirm that she is right. For a week, the Constitutional Court was unable to answer our questions on the number and authors of these opinions.
In turn, according to the opinion of the former vice president of the Constitutional Court, prof. Stanisława Biernata, Przyłębska will cease to be a judge after 6 years-December 20, 2022. He He presented a long legal discussion as evidence.
In practice, however, there is no authority to resolve the dispute. After all, not the Tribunal itself.
In the field of PiS, the murmurs against Julia Przyłębska have continued for months. – Giulia? It is already a meme – said one of the most important parliamentarians of the PiS in an interview with Gazeta.pl.
And this is also the atmosphere around “President Julia”. All the exhortations addressed to her – and even to her husband – uttered in public are tales for the naive. First of all, they are used to pamper the Przyłębski couple.
For Jarosław Kaczyński, the question of whether Przyłębska should leave or not is not an easy one. Sure, she guarantees obedience, but the PiS president has no respect for her intellectual values, and he himself pushed the bill by shortening her mandate. Relegated by the president to the base judge, she Przyłębska may not be as loyal as she was before: her weight would then be negligible, but her demotion would be a bad signal for the other PiS soldiers.
Przyłębska’s presidential favorite is already here. This is Bogdan Święczkowski. The president of the PiS appreciates him immensely and trusts him. Święczkowski, on the other hand, has a very strong character, and he entered the Constitutional Court as a candidate for Zbigniew Ziobro, of whom he even mentored for years.
What will happen in Przyłębska on December 20, 2022? Nobody in PiS knows yet. – The decision must be issued in the Court itself. In the event of a dispute in the Constitutional Court over Przyłębska’s mandate, the judges themselves will decide whether or not Przyłębska’s mandate has ended – the government interlocutor told us.
And TK is now 15 people. Among them are people who disagree with Przyłębska, who despise her as a judge (like Mariusz Muszyński) and rebels who would also be “Mrs. Julia P.” they preferred to get rid of the president. A well-known PiS politician told us: – It is worth watching what happens around Przyłębska. Julia has a very broad opposition to the court. She no longer has the majority in CT behind her. The judges do not support it.
One of the most influential politicians of the PiS directly says: – For our camp, if political reasons and our interests were decisive, it would be better if Przyłębska’s mandate was 6 years. Because her departure would put an end to a difficult time. It would be better for everyone.
Of course, not counting the Przyłębski family, who are taking on the post of “Julia’s president”.
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