EU-eliten skall lära Polen "rule of law" och gör det genom.att kringgå konstitutionen och låta politikerna ta kontroll över konstitutionsdomstolen!
Citat:
• Election by Parliament (Sejm): The new judges who moved to take control of Poland’s Constitutional Tribunal (Constitutional Tribunal / Trybunał Konstytucyjny) in 2026 were elected by a majority vote in the Sejm (the lower house of the Polish parliament), controlled by Prime Minister Donald Tusk’s ruling pro-European coalition.
• Bypassing Presidential Swearing-In: Under Polish law, constitutional judges are traditionally required to swear an oath before the president. However, President Karol Nawrocki (aligned with the right-wing PiS opposition) refused to swear in several of these newly elected nominees.
• Alternative Swearing-In: To circumvent the president's refusal, the newly chosen judges took their oaths instead before a notary and former tribunal figures in parliament (or through alternative parliamentary proceedings) rather than in the physical presence of the president.
• The Conflict: This method of appointment and swearing-in is at the core of the ongoing constitutional crisis; the government-backed judges and coalition argue that the president cannot veto the democratic will of parliament, while the chief justice (Bogdan Święczkowski) and President Nawrocki view these oaths and the subsequent suspension of the chief justice as an illegal bypass of constitutional law.
Citat:
• Backing from European Rulings: Tusk defended the shake-up by pointing to past rulings from the European Court of Human Rights and the Court of Justice of the European Union, which found that the PiS-shaped tribunal failed to meet standards of an independent and impartial court.
Detta har EU-domstolarna sagt om Polens domstol
Citat:
EU courts (including the Court of Justice of the European Union and the European Court of Human Rights) criticized Poland's Constitutional Tribunal because of severe compromises to its independence, impartiality, and legal foundation:
• Irregular Appointment of Judges: European courts found serious, systemic irregularities in how several judges—as well as the Tribunal's leadership (such as Julia Przyłębska)—were appointed starting from the 2015–2016 political clashes. Because of these flaws, the body is not considered a "tribunal previously established by law".
• Lack of Independence and Impartiality: Rulings by the CJEU Case C-448/23 and the European Court of Human Rights determined that the Tribunal became subject to heavy political influence by the former Law and Justice (PiS) government, functioning more like a political tool or rubber-stamp body than an independent judicial watchdog.
• Undermining EU Law Primacy: The Tribunal issued high-profile rulings declaring Polish constitutional law superior to European Union law and ignoring binding CJEU case law, which European courts ruled breached Poland's fundamental legal obligations as an EU member state.
• Violation of Rights: Decisions by the European Court of Human Rights (such as Xero Flor v Poland) established that the Tribunal's flawed composition deprived individuals and companies of their fundamental right to an independent and fair trial.
