I think that next week we will be working on resolutions on the current National Council for the Judiciary and the Constitutional Court. It is important in the context of these resolutions that everything must be well prepared, Minister of Justice Adam Bodnar said on TVN24.
Legality of the National Council for the Judiciary and the Constitutional Court
Bodnar was asked about the announced resolutions of the Sejm regarding the legality of the current National Council for the Judiciary and the Constitutional Court.
I think these resolutions will be worked on next week. What is important in the context of these resolutions is that everything must be well prepared
– he said.
Bodnar satisfied with the ECHR ruling
However, certain things have happened, and I must admit that we have been waiting for this for some time, which are also important from the point of view of the resolutions. Yesterday was an absolute success for lawyers, Ms Agata Bzdyń and Kamila Ferenc from the Federation for Women and Family Planning, namely the judgment of the European Court of Human Rights in the case of ML v Poland, which concerned access to legal abortion, or the consequences of the famous 2020 Constitutional Court judgment.
– said Adam Bodnar.
The European Court of Human Rights (ECtHR) ruled that Poland had violated the European Convention on Human Rights in relation to a pregnant woman who, due to the reform of Polish law, did not have access to legal abortion due to fetal syndrome from Down. At issue is the 2020 ruling of the Constitutional Court, which ruled that the provision allowing abortion in the event of severe and irreversible fetal impairment or an incurable disease that threatens the life of the fetus is unconstitutional. The ECtHR ruled that Poland art. 8 of the Convention, on the right to respect for private and family life.
The head of the Ministry of Justice emphasized that “this judgment contains a reference to two ‘dual’ judges (the Constitutional Tribunal), Mr Judge Piskorski and Mr Judge Wyrembak.”
So now we not only have one judgment in Strasbourg (…), but we already have another judgment, and one so fundamental, in which Strasbourg calls into question the rulings of the Constitutional Court
– he pointed out.
When asked whether, based on statements that strengthen the argument about what is broken in the legal system, these things can be repaired, “that is, for example, it should be recognized by a resolution – due to the fact that such statements were adopted – that the ruling bodies have a place in the Polish legal system.
We take this very seriously. As Prime Minister (Donald) Tusk said, adhering to the Constitution will be our trademark and we will try to approach it in a way that we can solve these problems systematically.
– he pointed out.
When asked whether the ECtHR’s ruling on abortion means that judges and courts can now consider the 2020 Constitutional Court ruling as null and void, he emphasized that “it sounds nice from the point of view of legal theory; non-existent action, non-existent action. Only later should the prosecutor decide whether or not to initiate proceedings in a situation where he has a standard or a certain standard is not included in the Criminal Code or other laws,” Bodnar said.
I think we should do everything in our power to undo the consequences of this judgment (TK)
– Bodnar emphasized.
The head of the ministry also drew attention to the need for active action by the Ministry of Health, the National Health Fund, the Patient Ombudsman and the Public Prosecution Service to prevent the ministry from conducting procedures in certain situations.
He added that although sooner or later it will be necessary to pass a law on this issue, citizens will not wait for it.
We have it here and now, and even the active attitude of the Ministry of Health and the National Health Fund can change a lot in this situation
– he said.
What about judges of the National Council for the Judiciary?
In the context of cases where judges have been appointed by the current National Council for the Judiciary – formed following regulatory changes in 2017, whereby 15 judges – members of the National Council for the Judiciary are elected by the Sejm – Bodnar also referred to ECHR ruling on former president Lech Wałęsa. He emphasized that Poland would not appeal this verdict. “The country will only accept this judgment and take action together with the institutions of the Council of Europe on how to implement the trial judgment regarding Lech Wałęsa.”
He added that this judgment concerns the systematic resolution of all cases involving judges appointed by the National Council for the Judiciary in its new composition.
On November 23, the European Court of Human Rights ruled on Lech Wałęsa based on his lawsuit for the protection of personal rights with Krzysztof Wyszkowski. In 2021, the verdict favorable to Wałęsa was annulled by the Chamber for Extraordinary Control and Public Affairs of the Supreme Court. This happened following an extraordinary complaint filed by former Attorney General Zbigniew Ziobro.
The European Court of Human Rights, after examining Wałęsa’s complaint, ruled that the current method of appointing Supreme Court judges in Poland is a systemic problem arising from the way the National Council for the Judiciary has been established; As a result of legislative changes in 2017, the 15 members – judges are elected by the Sejm.
The Tribunal stated that the hearing of cases by judges of the Extraordinary Chamber of the Supreme Court leads to a violation of the right to a judge guaranteed by law, and also ruled that the currently applicable provisions on extraordinary complaints violate legal certainty.
Poland is obliged by the ECHR to take legislative measures that will allow the restoration of an independent and impartial court established by law.
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wkt/PAP
Source: wPolityce