Judges, if they believe that the provisions on retirement are unconstitutional, they should ask such questions to the Constitutional Court. Regardless of whether someone likes it or not, this is the constitution – the Constitutional Court examines the conformity of the provisions with the Constitution. Only he is authorized to do this
– said the President of the Constitutional Tribunal Julia Przyłębska in TVP's "Guest of the News".
As the President of the Constitutional Court emphasized, the creation of the SN chastisement will bring about a major change in the reform of the legal system.
I hope that the general situation will change as far as the judiciary is concerned, that we will be able to overcome the major problem of long, long-term processes. All citizens are waiting for it
– she said.
Julia Przyłębska has reverted to the question of suspension by the judges of the Supreme Court of some provisions of the law on the Supreme Court.
There is no such arrangement in the Polish legal system that would allow the judge to suspend legal provisions. The courts manage justice, but they do not deal with matters relating to statutes, and I really do not know what provision would allow the suspension of the application of the provisions
– she said.
Judges give themselves more rights than the average citizen through such behavior. I do not know the situation of someone in the workplace when the employer retires and the employee has written a letter to the employer: "I think I am still an employee". There are no such situations. Judges, if they believe that the provisions on retirement are unconstitutional, they should ask such questions to the Constitutional Court. Regardless of whether someone likes it or not, this is the constitution – the Constitutional Court examines the conformity of the provisions with the Constitution. Only he is authorized to do this
– he stressed.
President Przyłębska spoke in her powerful words about the statements of politicians or judges who make statements about the unconstitutionality of many acts.
This introduces anarchy and confusion in the law. I believe that regardless of whether it is a PO, PiS or Nowoczesna policy, or whether it is a judge, the judge of the Supreme Court does not have the right to judge whether something is constitutional or not and derive rights from it (…) This can only be done by the CT
– she remarked.
Non-legal actions discredit these people. It shows the substantial helplessness of such people
– she said.
I heard from Mr. Budka's mouth that there is no CT. I invite you to ul. Szucha 12a, where normal hearings take place. A full sentence has recently been issued, at the request of the RPO. There was no separate opinion. The Tribunal decided unanimously. It means that the Court exists. Even if Mr Budka says that the CT does not exist, he puts himself in a very bad light
– she added.
Julia Przyłębska also referred to the threat of exclusion from the national court register by the European network of court administrations.
Not all EU countries are in this network. (…) This should not be so important, because not all European countries are in this network. This is a prestigious issue, but we should not give ourselves an apparent prestige
– she said, and further emphasized that the law is the most important.
We are servants of citizens
– she added.
The judge also spoke about attacks on the Constitutional Tribunal.
It makes working very difficult, causing discomfort. This attack is not just media or verbal, but there are many threats. I argue for a change in public discourse
– said the president of the CT.
We will not build up respect if we spit each other
– Julia Przyłębska pointed out.
Code of Civil Procedure