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Constitutional Tribunal Remains Paralysed As Two Key Hearings Get Delayed

POLAND

Gazeta Wyborcza daily newspaper reports that two cases of much importance for Poland's ruling Law and Justice party have been removed from the Constitutional Tribunal's docket amid doubts whether the top judicial body is able to meet the quorum and issue verdicts.

  • The two postponed hearings, originally scheduled for April 26 and 27 respectively, were related to:
  1. controversial presidential pardons for two ministers in Prime Minister Morawiecki's government;
  2. the legality of sanctions imposed on Poland by the Court of Justice of the European Union.
  • Both cases need to be heard by the full Tribunal (at least 11 out of 15 judges) presided over by the Chief Justice. However, at least five judges keep boycotting the proceedings, claiming that the term of the head judge has expired.
  • The deadlock has prevented the Constitutional Tribunal from ruling on a judicial overhaul adopted by parliament earlier this year, which is a key condition for unlocking EU recovery funds earmarked for Poland.
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