TK: e-mails concerned only judges rapporteurs. Zaradkiewicz: This division is arbitrary decision of the President TK – BBC

Recall that the portal tvp.info reached the correspondence between the President of the Constitutional Court, Andrew Rzeplińskim, Vice President of TK, and Stanislaw Biernat judge TK, Mark Zubikiem. TK among executives sets her tactics to issue judgments ws. “new controversial laws.” The aim of their actions: catch the sentences issued before the end of the term of office of the President of Rzepliński.

posted on the website of the Court’s statement that signed the vice president Stanislaw Biernat, it is said “That email requesting judges to expedite work on draft decisions, as is disclosed, not the first, nor probably not the last. Such messages are addressed to all or some of the individual judges. ”

The rest of Biernat explains that, “he said a few days ago to 9 judges, that is, those who have the real prepare substantive ruling in the cases pending in the Court and are in their rapporteurs. ” It says that “just check available in the public domain the names of rapporteurs in cases in which they were issued 23 judgments in 2016.”.

By Biernat other judges of the Court do not prepare decisions. “As you know, the other judges of the Court is limited to the submission of dissenting judgments, but they project judgments fit to rule, unfortunately, does not submit, in spite of requests addressed to them by the Vice-President of the Court” – declares Vice President of TK.

There is no legal basis for this type of behavior. The rapporteur, who will prepare a draft ruling are selected according to the order. This is not an arbitrary decision that the president himself will choose whether to

Accelerating the work in the “public interest”

in a statement, Vice President of TK speeding up work on laws justify the “public interest.” “The public interest is that even in 2016 the Court delivered judgments in the most momentous issues that affected him in recent months. After the sentencing on 11 August 2016. On K 39/16 has explained the legal grounds on which the Court operates, so that the time has come to intensify the work on these issues “- we say.

“Action TK without legal basis”

Statement by CT for portal tvp.info commented Kamil Zaradkiewicz, former Director of the Studies of Jurisprudence and Constitutional Court.

– There is no legal basis for this type of behavior. The rapporteur, who will prepare a draft ruling are selected according to the order. This is not an arbitrary decision that the president himself will choose whether or not to. There should act a certain mechanism, an objective criterion – commented on the statement of TK for the portal tvp.info PhD. Kamil Zaradkiewicz.

– If you are assigned the matter in terms of who will chair the composition, who will be the rapporteur, there is no criterion for division, or freedom. All of the judges, that all the judges. Everyone must be taken into account and chairman of warehouses and rapporteurs – noted Zaradkiewicz.

Former Director TK added that “if the vice president Biernat takes such a position, this suggests that at the stage of determining warehouses president or vice president is not guided by objective criteria, as it should.”

– It exposes him at this stage the accusation of manipulation. Terms of TK also here out of the question. I understand this position so that he Biernat Vice President admits that the president and vice president of the judges divided into two categories that assign each case without the new judges. It is not admitted to the rule, but those around which there is no controversy. It is not a question of any decision of the President – stressed Zaradkiewicz.