Proctopeo wrote:Improved werpland wrote:My post (the first two sentences particularly) was confused, sorry. However PO still didn't violate the constitution and you could have learned this if you read the Venice Commission document I provided.
http://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-AD(2016)001-e
Furthermore you can find this act here. The Tribunal was being modified and the immediate of new members was part of that modification. PO might have been acting opportunistically, but as far as I see it they were not violating the constitution.
Judging by the constitution itself (from Sejm's website), the constitution was, indeed, violated; the five judges were still legally on the Tribunal (but lacking the right to vote), meaning there were twenty, not fifteen, judges on the tribunal, so thus the appointments violated Article 194 Section 1. The action may also have violated Article 195 Section 2, as one could argue they weren't provided with "appropriate conditions for work".
As far as I see it, PO was violating the constitution, although in perhaps an obscure way.
It seems you are right, however PO's faults lie in "not enough Europe(an values)" not too little of it, and the EU had no reason to punish Poland for something which didn't happen.