Representatives of the extremely politicized association “Iustitia” profit from the conflict between Poland and the European Commission over the import ban of Ukrainian agricultural products to Poland! Yesterday, after Jarosław Kaczyński’s decision regarding Ukrainian grains, the judges sent another indictment against Poland to the European Commission. This time the cover is the alleged lack of rule of law in the functioning of the National Judicial Council. What is it actually about?
READ ALSO: “Kasta” and its allies again beg in Brussels for political sanctions against Poland. Now they report to the Constitutional Court
The judges’ “appeal” to the European Commission coincided with a new crisis in relations between Poland and the Commission. Case? It’s hard to put on. The letter from “Iustitia” is dated April 16. On the same day, the European Commission protested Jarosław Kaczyński’s announcement to close the border to Ukrainian agricultural products.
We call on the European Commission to immediately start an anti-infringement procedure under Art. 258 of the Treaty on the Functioning of the European Union in relation to the functioning of the National Judicial Council (so-called neo-KRS)
– we read in the document “Iustitia”.
This is necessary to restore the rule of law in Poland and guarantee the citizens of Poland and other Member States the right to an independent court. In the practice of its functioning, the Polish neo-KRS has repeatedly proved that it is a body that meets the expectations of the authority that has selected judges for its composition. In recent years of the relentless attack on the guarantees of the independence of judges, it has not taken a stand in defense of this value. On the contrary, it actively supported the systematic weakening of the independence of the judiciary, in particular through its participation in the illegal procedure for the appointment of judges, which led to a flagrant violation of art. 6 ECHR and art. 47 CFR – Judgments of the European Court of Human Rights in Dolińska-Ficek, Ozimek, Advance Pharma cases
– reported defiant judges.
Always in crisis situations
Appeals, resolutions, “letters” and in fact gross indictments, addressed to the European Commission by the “caste” of judges, are its hallmark. They almost always end up in Brussels in difficult times for Poland. This was the case just after the outbreak of war in Ukraine, when the legal actions of the Polish government were compared by the “caste” to the actions of Kremlin henchmen. “Iustitia” also made its denunciations during the most difficult talks and negotiations between the Polish government and EU institutions. Interestingly, the judges gathered in this politicized association deny the legal authorities of the Polish state and the legal path in accordance with the constitution. They admit it themselves in their latest report.
None of the laws passed by the Polish Sejm will solve the problem of the functioning of the illegitimate National Council of the Judiciary (neo-KRS) and its participation in the appointment procedure of judges. On the contrary, all pathologies related to the political system of judicial appointments are perpetuated. The devastation of the rule of law is spreading. The politicized Constitutional Court does not resolve legal issues in the spirit of the acquis communautaire. So far, 3,000 judges have been appointed with the cooperation of the neo-NCJ, whose rulings can be effectively challenged due to the flawed appointment process
– write the judges of “Iustitia”.
A condition for the restoration of the rule of law in Poland is the healing of the National Judicial Council. The rule of law cannot be restored by tackling only the consequences, not the causes, of the crisis. Further delay by EC in launching anti-infringement proceedings means agreement to poison Polish and EU judiciary with illegitimately appointed judges and destroy rule of law
– announces “Justitia”.
“Kasta” will stop at nothing and will use any international and internal crisis to legally undermine the actions of the Polish government. This open revolt against one’s own state is directly related to the Targowica Confederation of centuries ago.
UK
Source: wPolityce