It is not true that the National Council for the Judiciary in its current composition is unconstitutional; Declaring judicial appointments illegal will be absolutely destructive to the justice system, says Dagmara Pawełczyk-Woicka, president of the National Council for the Judiciary.
Judge Pawełczyk-Woicka noted during the press conference that it was “high time for the Council to speak out.”
Because we hear from candidates for ministerial positions in the government that the rule of law must be restored by verifying judicial appointments
– she said.
“6 million cases”
As she told us, we currently have a total of 9,000 in Poland. 943 judges, including 3000 96, were appointed by the President at the request of the National Council for the Judiciary, established after 2018.
Of these, 1 thousand 566 people are newly appointed judges from outside the system, and 1,000 530 people are judges who have been promoted in the structure of the judiciary
– specifies the President of the National Council for the Judiciary.
She reported that these judges “heard a total of six million cases.”
The average number of cases per judge is 452 cases per year, and the entire judiciary handles 4.5 million cases per year.
– she said.
Therefore, the initial estimated calculation is an extension of the duration of the proceedings by two years in each case pending before the court. Recognizing judicial appointments as illegal and invalid will result in the procedure having to be resumed. In civil cases this happens upon request, in criminal cases such resumption takes place ex officio. (…) These are absolutely destructive consequences for the legal system
– said the chairman of the National Council for the Judiciary.
As she noted, “the argument for verifying and invalidating judicial appointments is that the National Council for the Judiciary in this form is unconstitutional.”
Well, it is not true that the National Council for the Judiciary is unconstitutional in this composition. First of all, this has not been declared by any competent authority, and in light of the Constitution, the Constitutional Court is the only authority competent to declare an act unconstitutional.
– she emphasized.
Select body
She added that the constitution does not specify which body should choose the judicial members of the National Council for the Judiciary.
However, in art. 187 section 4 of the constitution states that this is the responsibility of the ordinary legislature
– Pawełczyk-Woicka noted.
She emphasized that “the Constitution must be read in its entirety.” As she recalled, according to the Constitution, “the supreme power belongs to the nation.”
One of the powers is the judiciary. Why would only this one authority choose itself? Anyone want to answer this question? And this was the case until the National Council for the Judiciary was established after 2018.
– she said.
She also recalled that the Constitutional Court ruled that the terms of office of the judges of the members of the Council, counted individually, were unconstitutional.
Therefore, it was necessary to choose the right moment, the most optimal moment, to shorten this period. I don’t know if March 6, 2018 was the right time, but there was solid legal authority for it
– Added Pawełczyk-Woicka.
For her part, Judge Anna Dalkowska, member of the National Council for the Judiciary, said that from a European perspective, the organization of the legal system is the exclusive competence of the EU member states.
There is no uniform model of the legal system. Because states have the exclusive authority to shape such a model, these models are very different
– she pointed.
Budka announcements
She added that “no work on the unification of these standards has taken place in the EU bodies, will not take place.”
In mid-November, the president of the KO Club, Borys Budka, said that the justice system must be restored to its proper order and that the election of three judges of the Constitutional Court must first be declared invalid.
And then we will have to deal with the National Court Register. In this case, these will be solutions accepted by the parliamentary majority and consulted with lawyers. Politically there is agreement on this, but it is important that it does not raise constitutional doubts
– Budka noted.
He added that there are rulings stating that “the shortening of the term of the previous National Council for the Judiciary was unconstitutional,” and that there are also rulings by European tribunals on the National Council for the Judiciary.
A week ago, the following parliamentarians were elected by the Sejm of the new term to the National Council of the Judiciary: Tomasz Zimoch (Poland 2050), Kamila Gasiuk-Pihowicz (KO), Robert Kropiwnicki (KO) and Anna Maria Żukowska (left) .
Today is the beginning of the end of the neo-KRS. We call on 15 illegal judges, members of the National Council for the Judiciary, to resign
– said Gasiuk-Pihowicz yesterday on the occasion of the first meeting of the Council with the participation of newly elected parliamentarians.
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Source: wPolityce