Muszyński about the verdict of the WSA: I hang it on the wall in my office. I have photos of different freaks – Polityka – all about politics on Dziennik.pl



Vice-Chairman of the Constitutional Court commented in this way the information from Friday about "Rzeczpospolita" that Provincial administrative court in Warsaw he issued a verdict in June, according to which Muszyński is not competent to judge in the Constitutional Tribunal. On 2 December 2015 Muszyński was elected to the Constitution on one of the chairs two months earlier by the Sejm of the previous term (three judges were elected: Roman Hauser, Andrzej Jakubecki and Krzysztof Ślebzak of whom President Andrzej Duda did not take an oath and who therefore do not rule in the Tribunal).

In a Saturday conversation with wPolityce.pl, Muszyński admitted that the sentence concerned him Judgment in the Constitutional Court indeed, he fell into the WSA in June. That was it actually. I would like to point out, however, that this is a judgment in an entirely different matter, and that the issue was not the problem of the legality of the choice of the Constitutional Court, nor the validity or legality of the judgment of the Court. – said Muszyński, emphasizing that "in such cases the Administrative Court is not competent".

According to him, the judges of the Provincial Administrative Court repeated the incorrect concept of the Commissioner for Citizens' Rights, presented in the requests to exclude him from his allocation. They oppose three judgments of the Constitutional Court: from 16 December 2015, from 9 March 2016 and from 11 August 2016. I wonder where the panel has found statements about my person there? – said the judge of the Constitutional Tribunal, adding that none of these statements refers to the Sejm's election on 2 December 2015 (the Sejm then elected five persons before the judges of the Tribunal, whose candidacy was nominated Law and Justice; among them was Muszyński).

He also pointed out that the judgment of the Constitutional Court of 16 December 2015 to which the WSA refers does not exist. He added that two further CT rulings were issued in a faulty composition, and that is why – as he said – they were published in the national newspaper with a delay and with an appropriate annotation.

Muszyński also drew attention to the verdict of the Constitutional Court of 24 October 2017, in the dictum of which – as he stressed – compliance with art. 194 par. 1 of the Constitution (concerning the composition of the Constitutional Court) – one of the provisions of the law, in so far as it concerns judges of the Constitutional Court, who were elected by the Seimas of the Republic of Poland and the Polish President ie the oath took an oath. Also, the judges of the administrative court in the district of Warsaw Voivodeship did not reach this sentence or did not justify this statement. They did not like publicly propagated manipulation, in which I have no right to judge, the president has no right to appoint judges, and the Seym has no right to introduce laws for the judiciary. & # 39; – he said. He also stated that the judges of the WSA in Warsaw did not respond to the decision of the judge to Muszyński of the then president of the Tribunal, Andrzej Rzepliński, in which the words about the appointment of Muszyński were put forward. Judge of the Constitutional Court.

I wonder if President Andrzej Rzepliński has he witnessed untruth in this way? – said Muszyński, recalling that President Rzepliński decided on the basis of this decree to pay the judge of the Constitutional Court. Summarizing the verdict of the administrative judge of the districts of Voivodship, Muszyński stressed that The WSA in Warsaw has not admitted that I could not make a statement in the Constitutional Court because he had no right to investigate.

I think that the composition of the WSA in Warsaw simply attempts to enter into a war with the Polish state in its own way, where changes, in this case with personal changes, are reconciled in the Constitutional Tribunal. And besides, it's another attack on me. In the law, this & # 39; intimidation & # 39; called. Opponents of change simply think they are tormenting me in this way. Unfortunately, they are wrong. I am a man who is bored and the war feeds me – added Muszyński.

The verdict of the WSA in Warsaw, although not very innovative, is framed and hung on the wall in my office. I have photo's of freaks there. It fits between a unicorn and a three-headed calf – Professor sneered.

On Friday, "Rzeczpospolita" declared that the district court of the Warsaw Voivodeship district ruled in June of this year's verdict that the vice-president of the Constitutional Tribunal Mariusz Muszyński is an unauthorized person to judge in the Constitutional Tribunal. According to the Provincial Administrative Court, the judgments of the Constitutional Court of 16 December 2015, 9 March 2016 and 11 August 2016 show that, in accordance with the Constitution, "the authority of the Sejm to select a judge is only updated when a vacancy is for a vacancy ". "Since the term of the judges chosen on October 8, 2015 just began to run, the Sejm could not exercise the powers specified in Article 194 (1) of the Polish Constitution in the election of Mariusz Muszyński" – wrote the Administrative Court quoted by Rzeczpospolita.


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