I am always open to compromise and am a person who is willing to talk to get the chaos that is currently reigning in the justice system under control. But compromise and settlement talks require goodwill on both sides, Supreme Court first president Małgorzata Manowska said on Saturday.
READ ALSO: There is a Supreme Court opinion on the PiS project: The amendment to the law is inconsistent and clearly unconstitutional
“It would be much better if everyone did what they had to do.”
Manowska stressed that “she is the first president of the Supreme Court and a judge.”
I take care of my domain. I will not condemn politicians. I make sure that the law that is passed and applied is in accordance with the constitution and makes sense
– said the first president of the Supreme Court in an interview on TVN24 on Saturday.
According to her, “Politicians and the entire divided Poland are responsible for the conduct of the justice system”.
Everyone moves in their own direction, everyone defends their own interests, not looking at the well-being of our country. This is also the responsibility of the judges themselves, who sometimes do not do what they should
– pointed out Chairman Manowska.
Certainly, there is no greater trust in the Supreme Court and in the judiciary in general. Our country would be much better off if everyone did what they had to do and what is within their competence. It would be good for politicians from different sides of the political scene to ask lawyers about the legal solutions they want to propose to parliament, and for judges to focus on judgments, not politics
– said the first president of the Supreme Court.
“There are important constitutional concerns here.”
And the President of the Supreme Court, referring to the recent legislative proposals, said he did not understand why judges’ disciplinary cases should be referred to the Supreme Court.
There are considerable constitutional doubts here, but it must be admitted that the Supreme Administrative Court already rules in disciplinary cases, for example of uniformed services, but has never ruled in cases of immunity, for lifting immunity
she pointed out.
According to the authors, the draft amendment to the Supreme Court Act, which was submitted to the Sejm by PiS deputies on Tuesday night, is intended – according to the authors – to complete an important milestone in the KPO case . On Thursday it was announced that consideration of the bill had been postponed until January and that the Sejm was scheduled to start its proceedings on January 11.
According to this draft, disciplinary and immunity cases of judges will be decided by the Supreme Administrative Court, and not, as is the case with the recently established Chamber of Professional Responsibility of the Supreme Court. The project also extends the scope of the so-called test of independence and impartiality of the judge, which can be initiated not only by the litigant, but also ex officio by the court itself. The draft also supplements the exams during the test, with the starting point being the appointment of a judge “under the law”.
In my opinion, this is a very controversial solution that does not exist in other legal systems in Europe, a bizarre solution that has not even been applied to the judges who ruled under communism, and such judges are still
– ruled President Manowska, referring to the issue of “ex officio review by a judge of the appointment of another judge” provided for in the draft.
Judge Shab
When asked if she asked President Andrzej Duda to remove Judge Piotr Schab from the position of extraordinary disciplinary officer, Manowska replied that she had not asked for it.
The resolution of the Council of the Supreme Court adopted in this regard will be submitted to the President
she said. She added that she herself abstained from voting on this resolution.
This week, the Supreme Court Council passed a resolution requiring the first president to address the president on the dismissal of Judge Schab and the appointment of an extraordinary disciplinary officer from among Supreme Court justices to replace him.
In two proceedings conducted by the exceptionally disciplinary public prosecutor, all judges of the Supreme Court are subject to these proceedings. Which one would the president choose?
– took note of President Manowska.
Judge Schab is the disciplinary prosecutor for ordinary court judges and the president of the Warsaw Court of Appeal. He was also appointed by the president as an extraordinary disciplinary officer to investigate six cases of Supreme Court justices.
Under the law of the Supreme Court, the President may “appoint an extraordinary disciplinary prosecutor from the group of Supreme Court judges, ordinary judges, or military tribunal judges to hear a specific case concerning a Supreme Court judge.”
olk/PAP
Source: wPolityce