“It’s time judges focused on applying the law, not politics. A judge cannot be faced with the problem of being chosen well or badly, said Małgorzata Manowska, the first president of the Supreme Court, in an interview with the Catholic weekly “Gość Niedzielny”. According to the judge, the amendment to the law on the Supreme Court, which the government has negotiated with the European Commission, is “unacceptable” and unconstitutional.
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“Violent attempts to start an insurrection”
Unfortunately, in Poland, for several years now, we have been dealing with a far-reaching phenomenon of the instrumentalization of law, its use for purposes it should not serve. Some judges don’t even hide it
– ruled the president of the Supreme Court.
Asked about the situation where judges question the status of other representatives of their environment, Manowska said it “leads to chaos”.
You could even say that we are currently making violent attempts to incite an uprising
she added.
And the president of the Supreme Court made a reservation that the vast majority of judges “conduct themselves reasonably and evenly.”
However, there is a minority group that tries to question the status of colleagues under the motto of defending the rule of law.
“Obstruction is used”
The interlocutor, Bogumiła Łoziński, indicated that she did not like the terms “old” and “new” judges, because representatives of this environment, being in one service, do not antagonize each other.
Have the 30 Supreme Court judges, who announced two months ago that they would not try with new judges, kept their promise?
I cannot deny that there is obstruction. However, I received no signals that anyone openly refused to judge with the new judge; rather, avoidance is used
– said Malgorzata Manowska.
I fear that, especially if the amendment to the law on the Supreme Court, which the government has negotiated with the European Commission, comes into effect, some 3,000 new judges will say: ‘if we are that bad, we will not judge.” Then the government and parliament have a problem
she rated.
It’s time judges focused on applying the law, not politics. A judge cannot be confronted with the question of whether he has been chosen well or badly
she added.
Limit sovereignty for a “bowl of rice”?
The first president of the Supreme Court was highly critical of the amendment to the Supreme Court Act.
They are unacceptable, they are absolutely unconstitutional
– said Małgorzata Manowska, when asked about the solutions contained therein, which, among other things, allow judges to challenge the status of other judges.
(…) it would be a major limitation of our sovereignty for a “bowl of rice”
the judge added.
In the bill submitted to the Supreme Administrative Court, there is a desire to create a “super court” that will decide whether a judge is properly appointed or not. I ask where the legal certainty is in all this, where is the prerogative of the president, and third and most importantly, where is the independence of the judge in all this.
she stressed.
Asked if there is any way to resolve the rule of law dispute with Brussels, Manowska stated that this would only be possible if representatives of EU institutions “want to sit around the table and talk about the facts, not what they are told”. by various entities that have connections there.”
However, the first basic condition is to stand in the truth. Since I became President of the Supreme Court, I travel a lot in Europe with my associates, to Strasbourg, to Luxembourg, we talk to everyone, even those who have an unequivocally negative attitude towards us. It turns out that on the level of facts, many things had to be corrected and we have already been able to do a lot
– said the interlocutor of “Gość Niedzielny”.
Małgorzata Manowska pointed out that Poland’s Supreme Court “functions reasonably well” among its counterparts in EU countries, and moreover she herself has “good, even cordial relations” with the Supreme Court presidents of many countries.
aja/”sunday guest”
Source: wPolityce