According to judges Łukasz Piebiak and Maciej Nawacki, the coming year will be very difficult for our judiciary. Urgent reforms and state action are needed to stop the uprising of the “caste” of judges, which colludes with the opposition and threatens Brussels and Polish sovereignty. Bitter words were also spoken against some movements of the current ruling camp.
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The question of the judiciary is of tertiary importance from the point of view of both the Brussels bureaucracy and the government. This manifests itself in procrastination in various decisions and actions. Has the “caste” defeated the government? I feel that the government has outdone itself. (…). However, there is still the National Judicial Council, which guarantees the independence of judges. If there is a situation where it is necessary to defend this independence, we will intervene by filing a complaint with the Constitutional Court
– said Judge Maciej Nawacki.
Changes regarding the abolition of the Disciplinary Chamber or the possible liquidation of the Chamber of Professional Responsibility are prompted by external policies and threats to the Polish state. These changes did not end the stalemate, on the contrary. (…). Perhaps it is worth revisiting the idea of transferring disciplinary proceedings to the Criminal Division of the Supreme Court?
asked a member of the National Judicial Council.
Black scenarios
Judge Maciej Nawacki, after analyzing the statements of representatives of the “caste” of judges and the total opposition, also predicted a black scenario regarding the judiciary and the National Council for the Judiciary
It is possible that after the elections acts are carried out that are contrary to the constitution. It is an attempt to drive apart the National Judicial Council and the Constitutional Tribunal. The representatives of the opposition say so openly. However, it should be remembered that the president is the guarantor and guardian of the constitution, so attempts to launch all kinds of attacks on state institutions, constitutional bodies will be met with a response. (…). So there will be moves in the form of some abolition resolution. However, these are acts outside the law. KRS has the tools to stop it. It is about a complaint to the Constitutional Court. We must take into account the freezing of funds for the Council (…)
Judge Nawacki said.
There will be retribution
Judge Łukasz Piebiak also shared a bitter reflection with viewers and predicted that after the possible victory of the opposition and the “caste”, there will be retaliatory measures against those who wanted to reform the judiciary.
We are not talking about a dispute over the rule of law, but over the sovereignty of Poland. This clearly shows that the political party “Iustitia”, the opposition and the Brussels elites are applying double standards. (…). We have heard of promises that have not been kept. Government officials are cheated in Brussels and take advantage of the government’s goodwill. (…). If the other political party takes power and bets on judges rummaging on the steps of the courts, then behavior that directly contradicts the Polish Constitution, the European Convention on Human Rights, the achievements of the CJEU, the Council of Europe, etc. will be applied. Then everyone will say “this is the rule of law”. (…). I can be sure that it will be “law-abiding” to fire judges by law, not just Supreme Court justices. So should those who supported the reform of the judiciary for the reform of the state be afraid? Yes, we have reasons to be concerned, but we are adults and have made this choice (…)
– said Lukasz Piebiak.
Judiciary reform is discussed, promised and rejected in the electoral process. This process is back and we’re likely to hear promises of judicial reform again – that’s what voters expect, regardless of their political affiliations. They expect the politicians they voted for, who promised to clean up this Augean stable, to go beyond mere words. An election year is a good time to stop talking about reform, because for several years now (…)
– added.
UK
Source: wPolityce