Poland’s Constitutional Tribunal has adjourned until further notice their decision concerning the request filed by PM Donald Tusk to clear up the competencies between President and Prime Minister.
The main area of concern regards which top Polish official has the constitutional right to represent Poland during EU summits – the PM or the President. The Tribunal’s decision will settle a long running dispute between the PM and President Kaczynski and clarify the Constitutional stance on the obligations of each position.
The issue was referred to the Constitutional Tribunal after a very public dispute erupted between Lech Kaczynski and Donald Tusk in October 2008 during which the head of state was planned to attend the EU summit in Brussels. Only two seats were to be available at the table for the Polish delegation, which would have been occupied either by PM Tusk and Foreign Minister Radoslaw Sikorski, however Kaczynski also wanted to go. Tusk and his observers claimed that the President would be overstepping his authority by doing so. The debacle was so heated that the PM’s chancellery refused to provide a governmental plane to the president and Kaczynski, although still intent on attending, chartered a plane from his own funds.
Tusk turned to the Constitutional Tribunal shortly after to clarify whether it indeed falls solely within the PM’s parameters to represent the Polish delegation at EU summits or whether the President is indeed entitled to single handedly decide on EU issues.
The PM is represented by Maciej Berek, President of the Government Legislation Centre, who argues that the Constitution grants the general management of foreign relations to the Council of Ministers, which is headed by the Prime Minister and thus the PM alone is responsible for appointing people to attend EU summits. Kaczynski is represented by Piotr Kownacki, head of the President’s Chancellery who argued before the Tribunal that "presidential participation in EU summits is not against the constitution”.
(jm/mrk/mmj)
Source: PAP