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Constitutional Tribunal Rules That President Had Right To Pardon Current Interior Minister

POLAND

The full bench of Poland's Constitutional Tribunal ruled that the pardon power is the exclusive competence of the President and has final legal consequences, while the Supreme Court has no right to control the President's use of the pardon power. The case was related to the President's decision to pardon current Interior Minister Mariusz Kaminski and his aides before their sentences formally took effect and before they exhausted the appeals process.

  • One key takeaway from the case is that Chief Justice Julia Przylebska managed to muster sufficient turnout to achieve quorum (11 out of 15 judges). This was possible because two "rebel" judges, who question Przylebska's eligibility to hold her office, decided to participate in the proceedings. Still, in a special statement they reaffirmed their view that Przylebska's term has expired.
  • The case against the current Interior Minister was dropped by the regional court due to the presidential pardon, but an appeal was brought to the Supreme Court, amid doubts whether the President can pardon an individual before their sentence takes effect. The court of last resort was scheduled to revisit the case on June 6, but the Constitutional Tribunal's verdict means that the Supreme Court should not hear the case again.

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