The Constitutional Court invalidated the law by which Parliament is empowered to discharge the judges of the Constitutional Court if confidence in them is lost. The challenge was filed by the Liberal Party. The bill on the dismissal of judges was put forward by the Communist MPs and was passed together with the Liberal-Democratic lawmakers, but it wasn’t promulgated by the head of state, IPN reports.
The authors of the challenge said the law was aimed at depriving the Constitutional Court of irremovability and the Constitution’s provisions guaranteeing the independence of judges and the constitutional authority were thus violated.
The Constitutional Court held that the obligation for constitutional judges to enjoy the confidence of Parliament runs counter to the duties of a constitutional court. The constitutional judges must no be responsible to Parliament as they control its activity.
Moreover, the Court ruled that it’s illogical for the constitutional judges to be removed from office at a time when not Parliament names all the judges of the Court. Even if the judges are sworn in before the MPs, the chairman and the Supreme Council of Magistrates, this does not mean that Parliament takes all the decisions concerning their appointment.
