The amendment to the law on referral of the Supreme Court to the Constitutional Tribunal was obvious; In my opinion, this law leads to very serious consequences, including It undermines the status of judges and could lead to anarchy and competition within the judicial community, said President Andrzej Duda.
The president was asked in an interview on TVP Info on Thursday about his decision to submit the unsigned amendment to the Supreme Court law to the Constitutional Tribunal. The amendment to the Supreme Court law aims to complete an important “milestone” for the European Commission to release money for the national reconstruction plan. It states, among other things, that disciplinary and immunity cases of judges should be settled by the Supreme Administrative Court, and not – as is currently the case – by the Professional Liability Chamber of the Supreme Court. The amendment also provides for fundamental changes with regard to the so-called review of judicial independence and impartiality.
I did what I thought was right in terms of presidential prerogatives. Please remember that the president has 4 options and they are equal. Each of these options is equally powerful and has the same number of rights – it can sign the bill into law, it can veto the bill, i.e. send it back to parliament for reconsideration, it can refer the bill to the Constitutional Tribunal without signature, i.e. the so-called preventive means of control of the Constitutional Court with regard to the draft law, and finally it can sign the draft law and then submit it to the Constitutional Court. I chose the third solution, which is to use the preventive mode
noted the chairman.
I am most surprised by those who attack me for this reason, and they themselves claimed that the law is unconstitutional. We have a group of politicians here, especially among opposition politicians, who are loudly saying: the law is unconstitutional, and at the same time they are complaining that it has been referred to the Constitutional Tribunal
said the chairman.
As he noted, the Constitutional Tribunal is the only body competent to verify whether a legal act is in accordance with the Constitution.
The president said it was an “obvious step” for him.
Since, in my opinion, this law has very serious consequences, including undermining the legal status of judges who have been nominated – not only in terms of a positive application from the National Judicial Council, but above all they got a presidential candidate and put the judge take an oath – the matter is very serious, because it also concerns the independence of judges, among other things
noted the chairman.
Impartiality Test
He added that the solution that provided for the judge’s impartiality test at the request of one of the parties to the proceedings was “natural, based deeply on the constitutional standard of civil rights.”
But in my opinion, the constitutional basis of the test, which is conducted at the request of other judges, that is, other members of the panel of judges who will decide on a particular case, is highly questionable.
Duda rated.
“These are irresponsible people”
As he noted, this leads to “anarchy and games within the refereeing community”.
This can lead to a complete loss of independence, its limitation, blackmail of some judges, especially younger judges in the judicial environment
added the president.
Anyone who has been paying close attention to the Polish legal system lately has seen the statements of some fierce people from the judiciary demanding some kind of revenge, some kind of revenge, removal from the profession because someone has denied the appointment of a judge accepted … These are irresponsible people who behave disrespectfully. This kind of behavior, motivated by really extremely base motives, should not be based on the law
Duda said.
According to him, “creating regulations that would frame such pathology in the context of legal activities is absolutely detrimental to the functioning of the state (…) and irresponsible.”
That is why I have decided to check compliance with the constitution. Please let the Constitutional Tribunal, as the only competent body in our country, say whether such provisions are in accordance with the Polish Constitution, with its principles – judicial independence, irremovability of judges from office, all those guarantees that are the basis of the judiciary
said the chairman.
The Sejm passed an amendment to the law on the Supreme Court on January 13. At the end of January, the Senate introduced 14 amendments, which the Sejm rejected. According to the authors of the amendment – PiS deputies – this law should fulfill an important “milestone” for the European Commission to release money for the national reconstruction plan.
Under the amendment to the law on the Supreme Court, disciplinary and immunity cases of judges should be decided by the Supreme Administrative Court, and not – as now – by the Professional Liability Chamber of the Supreme Court. The Supreme Administrative Court will hear disciplinary cases from Supreme Court judges in a 3-person panel in the first instance and in a 5-person panel in the second instance. In the case of judges of ordinary and military courts, the Supreme Administrative Court will in turn be a disciplinary court, in some cases at first instance and in all cases at second instance. The Supreme Administrative Court will also take over the competence to hear immunity cases from judges of all courts.
READ ALSO: President: I have decided to submit the amendment to the law on the Supreme Court to the Constitutional Court, in the form of pre-emptive scrutiny
mly/PAP
Source: wPolityce