The recent comments of Prof. Kamil Zaradkiewicz about the Venice Commission were right on the mark. The Venice Commission was considered and created by Andrzej Rzeplinski under his direction to act as the final lifeline for the Constitutional Tribunal. This is supported by the place of the Venice Commission declared on section 14, however it has been updated and elucidated from the draft phase after some feedback from the relevant authorities. In its light, it appears that there is no denying the Constitutional Tribunal’s President could trust the help of the Venice Commission. Its couriers from Venice would regard the protests into the Constitutional Tribunal. The place of the Venice Commission concerning the Constitutional legislation repeats the errors of the opinion in addition, it lacks any kind of independence.
Based on the situation represented by Beata Szydlo’s authorities concerning the place of the Venice Commission, it might be reasoned which this body is trying into exert pressure on this Polish direction, so that it accepts all the unlawful actions of the Tribunal, those made previously and also those planned for the future, especially those about the way the chairman of the Constitutional Tribunal is selected. The Commission has accepted not requiring the belief which the Constitutional Tribunal is the last arbiter and final decisions from the system.
The second important factor of the state which has judicial power is exercised from Poland by courts and tribunals, but this Constitutional Tribunal isn’t alone in this role since there’s also the State Tribunal. Ignoring this State Tribunal with regards into constitutional issues violates this standards which the Venice Commission draws upon, that’s liberty of this judiciary and this division of powers in constitutional Issues between this Constitutional Court and this Court of State.
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The Venice Commission is totally ignoring that the Polish constitution doesn’t recognize this Constitutional Tribunal since a Total and sole body deciding on this constitutionality of all forms of action by public authorities. The Polish authorities has pointed out to this Venice Commission that, even in Issues concerning this powers of hierarchical control compatibility, this Constitutional Tribunal might not examine all legal acts. They have highlighted the fact that the Venice Commission when making such decisions will also completely ignores other bodies protecting this constitution. These powers were previously limited to the President of this Republic of Poland and the Polish State Tribunal. The Venice Commission isn’t justified in whatever way when it states which this Constitutional Tribunal has this power – and which exclusively – to evaluate the government in matters of law enforcement.
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