Polish parliament is acting unconstitutionally by demanding resignation of top judges, says legal expert

Senior Polish constitutional lawyer Prof. Ryszard Piotrowski has slammed the resolution passed by the Sejm on Wednesday as a call for rebellion against the constitution and an attempt to remove justices from their posts.

The Polish parliament on Wednesday called for the resignation of three Constitutional Tribunal judges and non-recognition of that court’s decisions.

The resolution called for a fresh election of the justices to the constitutional court to be held. 

The move was criticized by senior constitutional lawyer, Prof. Ryszard Piotrowski, who reminded deputies that according to the constitution, the verdicts of the constitutional court are binding.

Piotrowski also claimed that justices cannot be removed from the court as a result of a parliamentary resolution and queried whether a parliamentary resolution is binding when it is enacted by members of the government rather than individual MPs or groups of MPs. 

According to Piotrowski, parliament is abusing its power, as it has no right to comment on the validity of resolutions passed by parliaments in the past. Just because the previous parliament and ruling majority made the same error did not make it any more legal. Two wrongs never make a right, he noted.

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