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Only two judges chosen contrary to the Constitution

Polish Constitutional Tribunal rendered on 3rd December 2015 the long awaited judgment concerning conformity to the Constitution of the new law on Constitutional Tribunal dated on 25 June 2015.

The Tribunal stated that only two of all challenged provision are unconstitutional:

1) article 21 section 1 if understood differently than stipulating the President’s duty to immediately  accept the oath of the Tribunal’s judge chosen by the Sejm.

2) article 137 in the scope in which it is applied to the Tribunal’s judges whose term of offices ends on 2nd and 8th of December 2015.

Thus, the Tribunal stated that only those 2 judges chosen by the previous Sejm to replace judges whose terms of office end in December were chosen unconstitutionally; the choice of other 3 judges was lawful. Furthermore, the President is obliged to immediately accept the oath of new judge chosen by the Sejm.

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