Prof. Zoll: Kontrasygnata była niepotrzebna, ale do jej wycofania premier nie miał podstaw @TVN24

Subscribe to the TVN24 channel and stay up to date: https://www.youtube.com/@TVN24?sub_co... Prime Minister Donald Tusk announced on social media that "based on a complaint from judges of the Supreme Court's Civil Chamber, he has decided to annul the countersignature." This refers to the Prime Minister's countersignature, criticized by some legal circles, among others, under the President's decree, by which Judge Krzysztof Wesołowski, appointed to the Supreme Court's Civil Chamber in March 2022 (appointed to the Supreme Court by the new National Council of the Judiciary under a procedure changed during the PiS government), was appointed chairman of the Supreme Court's Civil Chamber assembly. In late August, Prime Minister Tusk stated that the countersignature under this decree was an error. Professor Andrzej Zoll, former President of the Constitutional Tribunal and former Commissioner for Human Rights, commented on the Prime Minister's decision in "Tak jest" (Tak jest). He said that, in his opinion, the Prime Minister's move "is formally unjustified." "There is no basis in the legal system, especially the constitution, for withdrawing a countersignature," he emphasized. He added that "certainly" such a basis cannot be a motion by two judges, which is precisely what the Prime Minister mentioned when announcing his decision. He pointed out, however, that "the fundamental problem, which has probably not been addressed so far," is the president's action. "The question is whether the president's behavior, the decision to appoint a new judge to chair the Civil Chamber assembly, violates the constitution," he said. "I think this countersignature was completely unnecessary if we assume the president's decision was unconstitutional. Whether the prime minister signed it or not does not change the nature of the president's decision. In my opinion, it was unconstitutional," he stated.