The author criticized Dubyna's post, accusing him of misrepresenting the division of powers, the competences of the Council of Ministers, the rulings of the Constitutional Tribunal, and the concept of a coup d'état. He wrote that the appointed team analyzing the systemic effects of the court and tribunal rulings did not seize judicial power and had no authority to overturn judgments, change decision-making panels, or issue orders to judges. The author stated that Dubyna referred to Article 190 of the Constitution while omitting the difference between the finality of Constitutional Tribunal rulings and the analysis of their legal effects. He also accused him of failing to take into account the rulings of the European Court of Human Rights in the case of Xero Flor v. Poland and the Court of Justice of the European Union in case C-448/23, which — as he wrote — concerned fundamental irregularities in the functioning of the Polish Constitutional Tribunal. The author considered the designation of the appointment of the government analytical team as a coup d'état to be a manifestation of a misunderstanding of the principles of state functioning. He also criticized the comparison of the situation to a totalitarian system, stating that it was historically unfounded and offensive to those repressed by the communist state. He added that the use of capital letters and exclamation marks did not lend any legal or intellectual value to the statements. #prawo #konstytucja #Polska (translated)



