What about this quorum? Prof. Safjan: The question is not whether it will be collected, but how it will be counted

Currently, there are seven judges elected by the Sejm on the premises of the Constitutional Tribunal. In order for the first decisions to be made, there must be a quorum, i.e. ten judges must be present. The General Assembly of Judges of the Constitutional Tribunal is scheduled for tomorrow at 15:30. Judges elected during the rule of Law and Justice announced that they would not appear.

Will the Constitutional Tribunal be able to make decisions?

Of course, no decision of the General Assembly can be made without a quorum, but let's put it in order. Indeed, we do not know which of the current judges will appear at the General Assembly. It can be assumed that there will not be as much uniformity here as it may seem today. But secondly, the question arises: how will the quorum be counted? Because here it can be interpreted in such a way that we are dealing with the total number of judges who are entitled to take part in the General Assembly to vote - not fifteen, but thirteen. Logically speaking, please remember that we are still dealing with one double judge, i.e. incorrectly appointed. This is Mr. Wyrembak. Of course, it cannot be taken into account in any way - said Prof. Marek Safjan.

There are also two presidents: judge Święczkowski, acting as president, and judge Sochański, acting as vice-president. These people were removed from holding official positions. Since the Assembly will be making a decision on them, they cannot participate in the vote - explained Prof. Marek Safjan.

This is a decision that rests with the judges. This is related to the interpretation of the law and the interpretation of the proceedings before the Tribunal. Lawyers who are on the outside right now, like myself, may look at this with some distance. However, the decision and responsibility obviously belongs to the judges who will rule on this matter, among other things, whether they established the correct interpretation of the law regarding the necessary quorum for decision-making by the General Assembly - added the former president of the Constitutional Tribunal in an interview with Tomasz Terlikowski on Radio RMF24.

How should the average citizen interpret the situation?

Prime Minister Donald Tusk wrote this morning: "The solution to the conflict is simple and possible without changes to the Constitution. The President recognizes the judges legally elected by the Sejm, because this is what the Constitution provides, and they take up their duties in the Tribunal (...)." Prof. We asked Marek Safjan whether it is really that simple or whether we are doomed to intensify the conflict at this stage.

The actions taken in recent days are necessary and aim to enable the Tribunal to return to its role as an authentic body for reviewing the constitutionality of law, responsible for protecting the rights and freedoms of citizens. Responsible for effective and efficient action to ensure compliance of all institutions and the entire legal system in accordance with the constitution (...). What the judges elected by this Sejm did was, in my opinion, effective - said Prof. Safjan.