The BEST Guide to POLAND
Unanswered  |  Archives [3] 
  
Account: Guest

Posts by delphiandomine  

Joined: 25 Nov 2008 / Male ♂
Warnings: 1 - Q
Last Post: 17 Feb 2021
Threads: Total: 86 / Live: 15 / Archived: 71
Posts: Total: 17823 / Live: 4649 / Archived: 13174
From: Poznań, Poland
Speaks Polish?: Yeah.
Interests: law, business

Displayed posts: 4664 / page 89 of 156
sort: Latest first   Oldest first   |
delphiandomine   
5 Dec 2015
News / Throwing away the constitution in Poland? [626]

Lithuanians

Indeed, all the Baltic countries fought on the streets to defend their independence. I've been to the Museum of the Barricades in Riga, and one of the museum workers was telling how she took part in the construction of some barricades as well as working to establish lines of communication between the defenders.

It's quite sad how quick people like Grzegorz and Ironside wish to throw away their independence for a party led by a man who was brought up drinking the PRL milk.
delphiandomine   
5 Dec 2015
News / Throwing away the constitution in Poland? [626]

Ending communism was a group effort and Hungarians, Poles, East Germans and Czechoslovaks can all be proud of the roles they played in that noble undertaking without contests about who was first with exactly what.

Couldn't agree more.

Too bad that so many here are nostalgic for the PRL and want the current government to emulate its ways.

It's particularly interesting to see how many people quite openly advocate methods used by the PRL, isn't it?
delphiandomine   
5 Dec 2015
News / Throwing away the constitution in Poland? [626]

Why wait 4 years? ;)

A party consists of its members, and if any one of those PO party members could have decided that the constitution and rule of law was more important than party loyalty.

Your unfamiliarity with Polish law is showing, as it's not possible for "one" PO member to report the issue to the Constitutional Tribunal. There are very specific requirements when it comes to referring an issue there, as outlined in law. Again - this is not the United States and we have specific ways of doing things here.

Since Poland was the first nation in the Communist Bloc to reject communism, hold free elections, and eject the occupying Soviet Army, I must say Bu11$hit!

Completely wrong. Actually, it's quite staggering how wrong you are on this. If we take "Communist Bloc" to mean Warsaw Pact countries, then the first free democratic election in Poland was in December 1990 with the Presidential election, and Parliamentary elections were only held as late as October 1991. Free elections were held in East Germany in March 1990, and Hungary also had them at pretty much the same time. Czechoslovakia also held free elections in June 1990. Bulgaria also held free elections in 1990. The Polish election of 1989 was not free.

The rejection of Communism is also not true, as the PZPR still held over 1/3rd of the seats in the Sejm along with the Presidency until January 1990. East Germany's SED had already reformed and dropped Communism (and the name) in December 1989. From memory, the MSzMP in Hungary also abandoned Communism as early as October 1989.

The Soviet Army (well, Russian Army by that point) also stayed in Poland until 1993, whereas they left Czechoslovakia in 1991. They were also gone from Lithuania slightly before Poland from memory.

If PiS succeeds in removing the remaining communist era academics promoting such propaganda, it will be a good thing.

Obviously your unfamiliarity with Polish law and history is showing itself.

it's so childish and visible that you will end up down the closet with this "strategy".

Strange thing is Greggy that opinion polls are showing that the tide is already turning. PiS are down to 32% support and falling, so it's obviously working. 4 years? Some of us are preparing to get rid of PiS once and for all earlier than that ;)
delphiandomine   
5 Dec 2015
News / Throwing away the constitution in Poland? [626]

In a nation of 38.5 million people, only PiS had standing to challenge unconstitutional action by a parliament that lost an election?

Why would a party complain about their own laws? That's pretty illogical by all accounts. Incidentally, it's not PO behind the mass protests recently.

In comparison to a judge who serves for a life term absent lack of good conduct, this is a short term in office.

It would be entirely unacceptable for such a judge to be appointed for life. Poland doesn't have any real democratic tradition, hence they are time-limited.
delphiandomine   
5 Dec 2015
News / Throwing away the constitution in Poland? [626]

Indeed, PiS's concern has always been first nad foremost the good of the nation.

Polonius, it would be helpful if you could at least stop telling lies. If they cared so much about Poland, they would have ignored the Constitutional Tribunal and got on with enacting laws and policies that would actually help. The example of the new director of Lasy Państowe shows that they have little to no interest in the welfare of the nation and every interest in putting their men into positions of power.

How is destroying the TK or turning it into a set of PiS lap dogs going to create jobs? (number one priority of younger voters)

Indeed. I haven't seen a single measure yet that actually involves this.

So you support the subversion of the rule of law. About what I expected.

Polonius has never been about the rule of law. Him and Ironside have made it pretty clear that they regard the law as something that stands between them and absolute power.

What are you talking about delph, I know what I'm talking about, you seemingly are just showing off for fun.

Doesn't seem as if you know what you're talking about.

TK lost all the respect and reason for its existence has passed together with the martial law.

It seems to me as if you're against the TK solely because PiS can't control it.

Somehow whatever PO, SLD and other post-communist parties of the system for the last 25 years done have been always legal according to TK even if people who make a living by practicing law were certain it wasn't so.

Ah, so because the TK has protected the country from the worst excesses of PiS, you're now claiming that it's corrupt? Surprise, surprise.

Coincidently only acts and bills going against interest of the system and post - communist establishment are allegedly illegal according to TK.

Because those acts and bills are unconstitutional. It's really not difficult Ironside - the TK isn't going to allow PiS (or anyone else) the right to abuse the country.

PiS wants to be able to rule and there is noting wrong with it!

The magic part of that sentence is "rule". I notice you used that word rather than "govern".

They need to be able to act if they are to deliver on promises and expectation and most of Poles don't give a damn about all that TK issues where PO and others twerps have gone hysterical when it sunken in that TK won't be controlled in toto by the PO cronies /nominees.

Why do they need to have a majority on the Constitutional Tribunal if they want to run the country? The TK isn't going to get involved in 99% of situations, after all. As Mafketis says, this is all about the fact that the TK will stop PiS from abusing democracy and democratic processes.

Quite the contrary my dear Watson, even if those five nominees of PiS will be appointed still PO nominees will have majority in TK.

As I explained above, the three judges are crucial to the future of the TK. If PiS wins this battle, then they have a majority at some point in a couple of years time. If the opposition wins, then the TK stays out of the hands of PiS until after the next election.

Nobody is bothered by what Constitution says

Perhaps you might not be, but people do care about it, hence why people are on the streets today and hence why there's going to be a huge crowd outside Jarosław's house on the 13th.

The so-called "Constitutional Court" damaged its reputation, and exposed its bias, by not addressing the matter in October when PO named more judges than was legal. This point was raised by Parliament Speaker Marek Kuchcinski.

PiS withdrew their complaint to the Constitutional Tribunal, so it's meaningless. The TK cannot act without a complaint.

, or that the short terms of its judges

Short terms? They're appointed for a single 9 year period. Are you sure you know what the Constitutional Tribunal is and how it works?

Allegedly PiS controlled media. You have no proof only allegation and gossip.



Care to argue otherwise?
delphiandomine   
5 Dec 2015
News / Throwing away the constitution in Poland? [626]

PiS are trying to clean up the mess left by PO to have a solid foundation to build a democratic order on.

HAHAHAHAHA. That's why Duda is refusing to follow the order by the Constitutional Tribunal to swear in the judges immediately, without delay - is it?

where PiS tried to invalidate the results

It seems to be a trend with them, doesn't it? They seem to be very quick to try and invalidate results that they don't agree with.
delphiandomine   
5 Dec 2015
News / Throwing away the constitution in Poland? [626]

And for those of us that can't read Polish, Polonius is repeating the same lines found in the PiS-controlled media.

Fortunately, he's also completely wrong. There are no incentives to enlarge the crowd - the only incentive is to put a stop to PiS trying to destroy democracy.
delphiandomine   
5 Dec 2015
News / Throwing away the constitution in Poland? [626]

Disgruntled expats, political losers and the sensation-seeking media are all up in arms over the "conmstituonal crisis", but ya know what -- the average Pole doesn't really give a sh*t!

Not true. For instance, there's two separate protests in Poznań today, and there's a very big protest planned outside Jarosław Kaczyński's house on December 13th. I know your game - you're trying to downplay the situation, but the reality is that the numbers are growing on the street.

I would be there too, if it wasn't for the smog :(

But fascination with poltical abstracitons and constitutional imbroglios is the pastime of only a tiny minority.

It's not a "tiny minority" at all.
delphiandomine   
5 Dec 2015
News / Throwing away the constitution in Poland? [626]

Since the constitution is written in unclear, ambiguous language a lot of the time (probably on purpose) there's no shortage of disagreements on how to interpret it.

Yes, this is one of the huge differences between American and Polish constitutional theory. The American one was (from memory - I studied this!) written deliberately like that so that the individual states would agree to it, as otherwise it was likely that it would be rejected by the more confederal-minded states. But the Polish one learnt from that mistake and so many things are very clear and unambiguous. It's also a matter of the American one evolving from common law while the Polish one evolved from civil law.

I wish I could understand why "Legal Eagle" is trying to apply American concepts to the Polish constitution, though.
delphiandomine   
5 Dec 2015
News / Throwing away the constitution in Poland? [626]

The constitutional doctrine of balance of powers means that any two branches of government can choose to check excesses of the third.

That concept doesn't exist in Polish constitutional theory, as it's an American concept. The Constitutional Tribunal exists to protect the Constitution, not to act in any way as a branch of government. This is enshrined in law.

To quote a famous U.S. President, "[The Chief Justice] has made his decision; now let him enforce it!"

That simply doesn't apply here. For a start, the United States Constitution doesn't have anything about decisions being final, whereas the Polish Constitution does. It is simply not possible under the law of Poland to disobey the orders of the Constitutional Tribunal, for a start - hence why the Council of Europe are now getting involved.

Ultimately, it is a political question to be resolved by Polish voters, and not disgruntled expats in Poland who don't vote in national elections.

Nice personal attack, but as far as the law is concerned, the President is now in breach of the Constitution. Voters have nothing to do with it.

In fairness to PiS, they didn't start this row by attempting to pack the court.

They certainly did start it. All they had to do was to leave the case to the TK, who in accordance with the law, threw out two of the appointed judges and confirmed the appointment of the three by the previous Sejm. PiS would then have been free to appoint two judges as they were entitled, and we would've avoided a serious constitutional crisis.

Now, do try and avoid applying American concepts to Polish constitutional theory.

However, PO knew that the PISites wouldn't be able to contain themselves and thus would cause a fully fledged constitutional crisis and drive away almost all of their newly acquired supporters, which is exactly what had happened!

Indeed, the latest polls show that PiS are down to 32% already - so they've lost nearly 6% of the vote in just a month.
delphiandomine   
4 Dec 2015
News / Throwing away the constitution in Poland? [626]

Rather we're just amused that PiS are appointing members of the PZPR to the highest court in the land.

As I said, child learns at dinner parties with father and comrades.
delphiandomine   
4 Dec 2015
News / Throwing away the constitution in Poland? [626]

If there are argument as to competency or other functions of the TK it is up to the Parliament to solve it, not TK.

I think you're really struggling with the Constitution. It's nothing unusual, given that your President is also struggling with it - but the facts are very clear. The TK exists to settle disputes, and it is empowered to rule as to whether the actions of the Sejm were legal.

I'm curse though do you understand issues involved and stakes at play or you just meddling for a share hell of it?

I understand exactly the issue involved. PiS are desperate for absolute power (as they've made very clear), and the only block on that power is the TK. So they need to control it too in order to exercise absolute power over Poland. If they fail, then PiS will have a TK made up of a majority of opposition-appointed judges which will put the brakes on any attempt to institute unconstitutional measures. If they succeed now, then from June 2017, they will have a majority on the TK and will be able to do what they want without regards to what the Constitution says.
delphiandomine   
4 Dec 2015
News / Throwing away the constitution in Poland? [626]

That is a decision to be made by the new judges on the court now.

No, it isn't. There is no provision in law for a different decision to be made by different judges. Article 190 of the Constitution makes it clear that judgements of the TK are final.

Which means that the balance of power on the present court has changed, and only Duda can swear in new judges.

The TK's ruling yesterday is binding on Duda - he is obliged to swear in the judges immediately.

Duda refusing to swear in the judges is extraordinary and without precedent.

Either way, the decision is final - he cannot ignore what the TK says.
delphiandomine   
4 Dec 2015
News / Throwing away the constitution in Poland? [626]

If a similar issue goes back to the court after its balance of power changes, a different result is very possible.

If the judges that should be sworn in by Duda are sworn in, then the balance of power remains the same until the 2019 election. This is exactly why Duda won't do it - it's the last obstacle between PiS and absolute power.

Duda's responsibility to swear in the three PO judges may be a separate case, decided by the new judges, with a different result.

Incorrect. The case has already been decided upon by the Constitutional Tribunal, and Duda has an immediate obligation to swear in the new judges.There is no possibility of obtaining a different result - the decision has been made and is legally binding.

He doesn't appear to be very worried about it, and he had a clear right to have sworn in two new judges to decide the issue.

He certainly is worried, given that he completely failed to address the issue.

As for the two new judges, the TK will rule on the 9th as to whether he was legally allowed to do so. It's quite likely that they will agree that he could, but they won't change the balance of power. It's also highly likely that they will rule that the decision of PiS to try and appoint 3 other judges is unconstitutional.

There too many shady deals and BS on part of the TK to let them get away with that this time.

Ironside, what part of the Constitution would you like sent to you?

It doesn't matter what you think the TK was doing, the Constitution makes it clear that the judgements must be respected.

If you don't respect that, you should give up your Polish citizenship because you're obviously the worst sort of traitor.
delphiandomine   
4 Dec 2015
News / Throwing away the constitution in Poland? [626]

Is there an option for asking the court for a re-hearing?

No. Once they hear the complaint and deliver a judgement, that's it. The Constitution is crystal clear on this.

If so, one third of its judges are in dispute

There's no dispute. Legally, three judges must be sworn into office "without delay" by the President, while the other two appointed by PiS are awaiting the decision of the TK on the 9th December.

and waiting until after the terms of PO appointees expired, and at least two new PiS appointees join the court might change the result.

There's no possibility of "changing results". The decision of the Constitutional Tribunal is final and must be respected. Duda is obliged to follow the Constitution, and his failure to do so means that he's now in breach of the Constitution.

Really, a constitutional court with judges dependent on politicians to keep their jobs is a bad idea for impartiality.

Alas, that was a consequence of compromise. However, an impartial court would have probably come to the same judgement.
delphiandomine   
4 Dec 2015
News / Throwing away the constitution in Poland? [626]

One also wonders what their obsession is with former Party men in general. Maybe it's a case of "better the devil you know", or in this case "better the devil that used to come to your house for dinner".
delphiandomine   
4 Dec 2015
News / Throwing away the constitution in Poland? [626]

Just seen. Yep, he published information about the election during the electoral silence. Just yet another PiS-appointed criminal and certainly one for the PiS and crime thread.
delphiandomine   
4 Dec 2015
News / Throwing away the constitution in Poland? [626]

Politicians do it to please voters associated with coal mining - and absolutely zero other reason.

Worth pointing out that it was the PZPR that first started the "special privileges for miners" that they demand these days.

Anyway, this has little to do with the issue that Duda is now openly defying the Constitutional Tribunal and hence is acting in opposition to the Constitution.

Well, well, well.

It transpires that Henryk Cioch, one of the PiS candidates to the Constitutional Tribunal was a member of the PZPR.
delphiandomine   
4 Dec 2015
News / Throwing away the constitution in Poland? [626]

See how they report stuff.

Well, when it's all controlled by PiS anyway, it's not a surprise that they just repeat the same narrative.
delphiandomine   
4 Dec 2015
News / Throwing away the constitution in Poland? [626]

Three weeks into PiS as a ruling party and already the biggest government crisis since.......?

From memory, nothing comparable has happened since Jaruzelski's imposition of martial law. No-one has ever openly defied the TK before, and the view of most legal experts is that it's surreal that someone should even think that it's possible to do so given how clear and unambiguous the Constitution is on the matter.

something tells me he's not made for such pressure and will probably break soon (or be discarded by the party and forced to resign, who would be president then?)

I don't think he's going to be able to handle it, agreed. The response was so poor and showed that he doesn't know what to do, hence why his speech seemed to mainly consist of "We will break the constitution because we can".

If he resigns, the Marshal of the Sejm becomes Acting President for up to 60 days.

Duda is a Phd in Law, and he knows full well what he's doing.

I think he knows what he's doing, but you can see that he has absolutely no conviction in his words.

I'm just amused that people like Ironside cry so much about Communism and yet support PiS in using anti democratic methods against the State.
delphiandomine   
3 Dec 2015
News / Throwing away the constitution in Poland? [626]

Latest news : Duda spoke to the country, but it looks like he's made a complete mess of things. He hasn't referred to the decision today, only that he took the oaths yesterday because it "reflected the will of the Sejm". Furthermore, his PhD "promotor" has spoken out against his actions, saying that it's unacceptable and that he has brought shame upon his old law department.

It looks to me like Duda is lost. He can't follow the Constitutional Tribunal's ruling without upsetting PiS and their supporters, but if he fails to follow the judgement, then he will have openly broken the Constitution - which will set him up for being humiliated in the future after he can no longer hide behind the Presidency. I bet he won't sleep very well tonight.

Trying to sum up the situation for any foreigners that might be curious about what is going on :

Today, the Constitutional Tribunal (TK) ruled that the election of three judges to the TK by the previous Sejm was lawful. They also ruled that the election of two judges was unlawful.

The TK also ruled that President Duda is obliged to take the vows of the three legally appointed judges "immediately, without delay" - which he failed to do so and still hasn't done so at the time of writing. He is obliged to follow the the rulings of the Constitutional Tribunal.

Quoting from the Polish Constitution :

Article 189

The Constitutional Tribunal shall settle disputes over authority between central constitutional organs of the State.

Article 190

Judgments of the Constitutional Tribunal shall be of universally binding application and shall be final.

Essentially, we have a constitutional crisis on our hands. No-one has ever defied the Constitutional Tribunal before, and the quoted articles above make it crystal clear that there's no legal possibility of doing so. If Duda doesn't receive the oath from the three legally appointed judges, then we have a very, very serious situation on our hands.

The President addressed the nation, stating clearly that he does not intend to derecognise the oath given by the three illegally appointed judges. What this means in practice is completely unclear.

Finally, December 9th - the TK will rule on whether the recent law by PiS annulling the appointments of the three now-legally appointed judges is lawful. If (as expected) - they rule that PiS only had the power to appoint 2 judges (in accordance with today's decision), it becomes an outright fight between the Constitutional Tribunal and the government. Legally, the government are wrong - but can they be forced to accept the decision of the Constitutional Tribunal?
delphiandomine   
3 Dec 2015
News / Throwing away the constitution in Poland? [626]

Doubt that, they can tell them to scoot ! and rightly so

Bloody hell.

No, they really can't. What kind of person are you to even suggest that the Constitutional Tribunal should just be ignored?
delphiandomine   
3 Dec 2015
News / Throwing away the constitution in Poland? [626]

I wonder what Kaczyń... I mean Duda, President Duda, that's who I mean, I wonder what he'll do now.

Not much, probably. The TK has ruined his plan, but Duda has no real choice - he's obliged to follow their ruling and swear the three PO-appointed judges in immediately. They've made it clear that he has no discretion over the matter and that he's obliged to follow the law.

As for Kaczyński, I suspect he's going to spend 4 years attacking and smearing the judges by any means possible. I wouldn't be terribly surprised if PiSTV and other media outlets start reporting unbelievable lies about the judges.
delphiandomine   
3 Dec 2015
News / Throwing away the constitution in Poland? [626]

Phew.

The Constitutional Tribunal has declared that three of the judges appointed by the previous parliament were lawfully appointed to their position (as the term of the previous judges expired during the last Sejm), while the other two were not lawfully appointed. They've also ruled that Duda was/is obliged to take their oath immediately and that any other interpretation is unlawful.

I think we can all breathe now. As far as I can count, PiS will have a maximum of 6 on the Constitutional Tribunal, ensuring that they will have to respect the Constitution for the duration of their government.
delphiandomine   
3 Dec 2015
News / Throwing away the constitution in Poland? [626]

"The law court is the law court but justice must be on our side".

Why are you quoting Ziobro?

Fortunately, the Constitutional Tribunal will probably rule that 3 of the judges must be appointed and that PiS will only have 2.
delphiandomine   
3 Dec 2015
News / Throwing away the constitution in Poland? [626]

Are they simply trying to remove any obstacle to ruling by decree?

Pretty much. The saving grace is that the provinces hold significant amounts of power, and the opposition isn't as weak as some PiS voters think it is. People are already on the streets, and the crucial thing is that it's a very non-partisan movement.

If what PiS is doing is for the good of the nation then why are they subverting the rule of law?

PiS have never respected the rule of law. By appointing a PZPR prosecutor to a leading role, it's clear that they have no real respect for law beyond the law that they themselves introduce. They behaved in exactly the same way between 2005-2007 - and like we all said, history will repeat itself as soon as Kaczyński gets near power.

As Marshal (speaker) of the Sejm, on 10th April 2010 Bronisław Komorowski became interim president following the death of Lech Kaczyński

Wrong. Article 131, paragraph 2 makes it clear.

.The Marshal of the Sejm shall, until the time of election of a new President of the Republic, temporarily discharge the duties of the President of the Republic in the following instances:

1) the death of the President of the Republic;

Therefore, it was automatic.

Article 131, Paragraph 1 -

If the President of the Republic is not in a position to inform the Marshal of the Sejm of his incapacity to discharge the duties of the office, then the Constitutional Tribunal shall, on request of the Marshal of the Sejm, determine whether or not there exists an impediment to the exercise of the office by the President of the Republic. If the Constitutional Tribunal so finds, it shall require the Marshal of the Sejm to temporarily perform the duties of the President of the Republic.

This makes it very clear that it refers to the President being incapacitated, which is not the same as death.

Just counted - from what I can see, the Constitutional Tribunal still has a majority (until the 19th December 2016) of pro-Opposition members.

Are we about to see a real constitutional crisis if the Tribunal throws out the PiS laws?
delphiandomine   
30 Nov 2015
News / Poland's PiS party members and crime [346]

As Jarosław once told me

You've interviewed him, Polonius?

Out of interest, is he as charismatic as he appears to be in the media?
delphiandomine   
29 Nov 2015
News / Poland's PiS party members and crime [346]

One has to wonder if The Dear Leader Chairman Kaczynski ever feels a bit left out, so many criminals around him and he's never been charged with anything.

Don't you remember how he said that he was discriminated against because he was never imprisoned? :D I still wonder why he's surrounding himself with so many criminals though.
delphiandomine   
29 Nov 2015
News / Poland's PiS party members and crime [346]

Yes, it's quite remarkable how many people that PiS appointed have had some history with the law. Certainly, the "law" part in "Law and Justice" seems to refer more to their familiarity with the legal process as a defendant.
delphiandomine   
29 Nov 2015
News / Poland's PiS party members and crime [346]

It's amusing that anyone who criticizes PiS is automatically a PO supporter in your eyes.

What's interesting is that when you look at what PiS allegedly hate, they've got plenty of them in their own party.

- A President that defrauded the taxpayer? Check.
- A criminal in charge of the security services? Check.
- A commie-era prosecutor and loyal Party man in a position responsible for human rights? Check.

And so on.