“In strong countries, it is ensured that no one touches their courts. In countries considered weak, such judgments are rewarded that make it difficult to beat Poland with financial sanctions, said Piotr Semka in “Salon Dziennikarski”, referring to the outrageous rulings of the Supreme Court, the Provincial Administrative Court and the CJEU.
The Provincial Administrative Court in Warsaw made a decision on May 31 to suspend the implementation of the environmental decree regarding the coal mining concession for the Turów mine after 2026. The proceedings in this case are pending before the court in connection with the complaint against the environmental decree, which was issued in the autumn of 2022. Among others, the filed complaint Frank Bold Foundation, Greenpeace, Ecological Association EKO-UNIA, Die Grosse Kreisstadt Zittau (city of Zittau). During a visit to the Turów lignite mine, Prime Minister Mateusz Morawiecki assured on Wednesday that the government will not allow the mine to be closed and will do everything “to ensure that the mine remains operational until 2044”. The head of government called the decision of the Provincial Administrative Court “lawlessness and a clear blow to Polish interests”.
In turn, the Court of Justice of the European Union (CJEU) ruled in its judgment of 5 June that the December 2019 reform of the Polish judiciary is contrary to EU law. For example, the Court upheld the European Commission’s complaint filed in April 2021. The EC accused Poland that the 2019 amendment to the law on the common court system, the law on the Supreme Court and some other laws violates EU law. In the judgment announced on Monday, the CJEU emphasized that monitoring compliance by a Member State with values and principles such as the rule of law, effective legal protection and the independence of the judiciary falls entirely within the competence of the Court. It also confirms her previous opinion that the disciplinary chamber of the Supreme Court does not meet the requirement of independence and impartiality.
The Supreme Court overturned the dropped case of Mariusz Kamiński and other former heads of the CBA, who had been convicted at first instance and pardoned by President Andrzej Duda; the case was referred back to court for re-examination. “The administration of justice in the Polish legal order is the exclusive domain of the ordinary courts and the Supreme Court,” Judge Piotr Mirek said in the oral statement of Tuesday’s Supreme Court ruling. The ruling regarding this case and the power dispute between the Supreme Court and the President has also been made by the Constitutional Tribunal. It ruled that the right to a pardon is an exclusive and unverifiable competence of the President of the Republic of Poland, which has final legal effect. The Tribunal added that the Supreme Court has no power to review the president’s exercise of leniency law.
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– ONLY HERE. The Provincial Administrative Court agrees with ecologists’ complaints about Turów! Zalewska: There is no content, there are emotions. We have to be on Turow’s side
Justice reform is needed
Ryszard Makowski pointed out that “only now you can see why our judiciary is the apple of the eye of almost the entire world, especially the EU, that nothing can be changed.”
You see that at a certain point the judiciary is needed to act against Poland. I’m surprised by the judge, who probably has minimal logic and realizes that shutting down Turow throws 60,000. people is serious business. But when it comes to the judiciary, we can hold a little grudge against PiS. Former presidential vetoes, but that’s a long time ago. Anything could have happened at that time
– noted Ryszard Makowski.
Andrzej Rafał Potocki drew attention to the time when courts made decisions, which in his view was related to the June 4 march called for by Donald Tusk. current
All at once, a few months before the elections. The question is what this mess is all about. I’m not saying that PiS couldn’t reform the courts, but the situation is so serious, we have so much pressure from the EU and the judiciary itself, which is clearly moving towards the so-called. judicial power. They have legislative and executive powers. They have no right. The proof is the judgment of the Supreme Court, which is against the constitution by pardon of Ministers Kamiński and Wąsik
– said the columnist of the weekly “Sieci”.
Potocki added that the CJEU “also violates the Constitution, which clearly states that judges must stay out of politics”.
A judge cannot be a member of a political party or trade union. The question is how long the government will tolerate this. I understand that elections are coming, but if we don’t restore the justice system, we will have anarchy in the country
noted Potocki.
Judgment of the CJEU
According to Piotr Semka, “the most disturbing thing is the ruling of the CJEU”.
He will be the basis for judges to issue preliminary rulings that mean negating the legitimacy of other judges. The extent of the chaos is difficult to predict, which is further confirmation that the judges of the CJEU are handing down judgments that do not take into account the consequences. In strong countries, it is ensured that no one touches their courts. In countries considered weak, such verdicts are rewarded that make it difficult to beat Poland with fines. Poland in the EU is like a debtor secured by later debts. We’re struggling, so more and more are coming. There is no end to this nightmare in sight
– emphasized Piotr Semka.
Source: wPolityce
Emma Matthew is a political analyst for “Social Bites”. With a keen understanding of the inner workings of government and a passion for politics, she provides insightful and informative coverage of the latest political developments.