What's going on in Poland? - Constitutional Court - Tusk's web of lies exposed
Tusk is a master manipulator of the truth.
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Donald Tusk has been using a disinformation attack on the PiS as a front for a constitutional power grab to control the courts, accusing the PiS of what he is doing. (Where have we seen that before?)
PiS have a track record of being anti-corruption. They have routed out corruption in their own coalition partners (sacrificing their majority in the Sejm [parliament] to do so), and identified and attempted to remedy corruption in the Courts. Their anti-corruption agency has investigated and charged Tusk sponsors and proteges. Tusk is working to stop them.
Sometimes an outside legal mind can see through the heat to the basic facts.
This is my overview:
In 2015 after they had lost the election, Donald Tusk’s Civic Union (KO) government nominated 5 judges for appointment to the Constitutional Court (“TK”, total 15 judges, 9 year terms).
2 of Tusk government’s “nominations” were for Judges who had not even retired. There is no dispute they were invalid.
The remaining 3 nominations were not approved by the President.
Appointments occur when nominations are approved by the President. This is a Constitutional requirement, implicitly requiring that the Sejm and President must agree on the appointment.
The President does not have to approve nominations. Under the Constirution it is up to the Sejm to nominate Judges acceptable to the President, or negotiate approval. Tusk’s government failed to do this.
So no judges were appointed by Tusk Government. Their nominees were simply never appointed. Tusk didn’t satisfy the requirements of the Constitution.
So the incoming government validly appointed 5 Judges for the 3 existing and 2 new vacancies.
So, how did Tusk persuade the EU courts and the world media to repeat his fallacy that these correctly appointed judges were not validly appointed, and “his” unappointed nominees were validly appointed?
Tusk has then misinformed the world that the President has some obligation to approve what the Sejm does. The President does not. The onus on the Sejm is to obtain the agreement of the President or nominate Judges the President agrees to.
Tusk, or his connections, must have enormous influence to convince the EU, and the English world media, of a complete fallacy.
Tusk’s “duplicate judges” is pure manipulative propaganda lies. Inciting misinformed hatred and distrust of a government which did nothing wrong (on this issue) and support for two illegal acts by his governments - invalid “appointment” in 2015, and illegal removal in 2024. Leading to misinformed support for his mostly unnecessary and arguably infringements on Judicial independence “reforms”.
Tusks proposed 2024 reforms
Tusk is now proposing to
Polish government unveils planned overhaul of “defective” constitutional court | Notes From Poland
I agree with TK judge, Jarosław Wyrembak. Jarosław Wyrembak on X"
Remove the 3 validly appointed Judges before the expiry of their 9 year terms.
AFAIK the 9 year terms are set in the Constitution [TO BE CHECKED]? If so the Judges cannot be removed without amending the Constitution. Even if it is not, he has no justification for removing validly appointed Judges.
Remove ALL of the Constitutional Court Judges.
Totally contrary to the Constitution.
How do this be reconciled with the EU “outrage” at PiS lowering the retirement age of the SC judges, leading to *only* 1/5 of them coming up for replacement (subsequently reversed due to blackmail from the EU Court).
Remove the requirement for Presidential agreement to judicial appointments, leaving appointments in the sole control of the majority Government.
Not actually mentioned… hidden.
Trick people into thinking he is adding a “safeguard” - that 3/5 of Sejm will be required - when it will never be required.
Appoint new Judges by “3/5 majority of votes for 9 years . If this majority was not achieved, judges would be elected by the Sejm by an absolute majority of votes.” - Total sleight of hand. Take out “3/5 majority” and the meaning of this is unaltered. “Absolute majority” is weasel words for 51%.
In other words, Tusk is manoevering to empower himself to replace the entire Constitutional Court judiciary, with judges favourable to him, by a vote of his coalition Government.
TBC - additional bad “reforms” of the Constitutional Court provisions.
Other “proposals” are confusing and self-contradicting, or undermine the independence of the Judisiary.