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  1. 1 Muszyński M.

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Anatomia „spisku”. Analiza prawna procesu wyboru sędziów Trybunału Konstytucyjnego jesienią 2015 roku

100%
Muszyński M.
Przegląd Sejmowy
|
2017
|
issue 2(139)
75–103
EN
The debate on changes in the composition of the Constitutional Tribunal (CT) and on their assessment has been conducted in the context of the activities of the 8th Sejm. It does not take into account the wider political implications. The opinions on the problem are based on unwarranted interpretation of certain acts of authority done by the Sejm and the judgments of the CT. Contrary to the CT judgment of 3 December 2015, attempts are being made to make public opinion and the world of politics believe that the Tribunal upheld the legality of the judicial election in October 2015. During the proceedings in which it passed the judgment case no. K 34/15, it could only rule on the constitutionality of a general and abstract legal norm. By adopting the Act of 25 June 2015 with Article 137 in the fi nal months of its term, the 7th Sejm sought legal grounds allowing the PO–PSL coalition to fi ll all places at the Tribunal that were vacated in 2015. Under the derogated legal provisions, the PO–PSL coalition could fi ll no position vacated at the CT in 2015 sooner than mid-October.
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