Thread by @J_Jaraczewski

🇵🇱⚖️🧵
So, what’s the deal with the Polish #ombudsman’s term and the Constitutional Tribunal ruling on that?
The Polish #NHRI, ombudsman, Commissioner for Civil Rights, a man of many talents, @Adbodnar, was appointed for a 5-year term according to the Polish #Constitution. (1/7)

The appointment of an ombudsman requires a vote in BOTH chambers of the Polish #parliament – the lower one, Sejm (controlled by the ruling party) and the upper one, Senat (controlled by the opposition). Currently, this means a deadlock on any contentious candidacy. (2/7)

What happens if both chambers of the parliament can’t agree? The #Constitution is silent on this, but according to the #law on the ombudsman, the incumbent stays in the office until the parliament decides. Which means that Adam Bodnar is now an on an “extended” term. (3/7)

The ruling party wants him gone, so a group of PiS parliamentarians have lodged an application with the government-friendly Constitutional Tribunal to examine the #law that allows the incumbent to stay in the office. (4/7)

There’s an expectation that the CT will find the law unconstitutional, leading to Bodnar losing his job and the ombudsman post becoming vacant. Which would leave the opposition facing an ugly choice between leaving the post empty or agreeing for a PiS-backed #candidate. (5/7)

The CT was set to hear this case today, but in a truly 2020 plot twist, the hearing was cancelled, ostensibly due to one #judge falling ill. The CT has lately become increasingly erratic with cases rescheduled, dropped or simply not proceeded at all. (6/7)

What's next? It's hard to say. There's one candidate for the ombudsman post being heard by the parliament - @ZuzannaRB, who is backed by scores of #NGO and will likely be rejected by the PiS-controlled Sejm. But the parliamentary majority is shaky, too. (7/7)