Justice Minister Adam Bodnar wants to manually control the courts – this so-called restoration of the rule of law is nothing more than breaking it – said former deputy head of the Ministry of Justice Sebastian Kaleta, referring to the draft changes to the Regulation on the Operation of Ordinary courts by Adam Bodnar.
As reported on Friday by the Ministry of Justice’s Office of Communications and Promotion, the head of the Ministry of Justice and the Attorney General, Adam Bodnar, on Friday submitted a draft amendment to the regulation – Regulations on the Operation of Ordinary Courts – for interministerial consultation.
The proposed regulations will mean that requests for the exclusion of a judge because of the way in which he or she has been appointed to a judicial office will not be recognized by judges who have been appointed in the same way. This solution will prevent persons appointed by the National Council for the Judiciary, established by the Act on the National Council for the Judiciary of 8 December 2017, from participating in the processing of such requests. These judges are not involved in case assignment via the Random Case Assignment System
– we read in a statement from the Ministry of Justice.
According to Kaleta, the first decisions of the new head of the Justice Department, Adam Bodnar, are causing a “major shock”.
Mr. Bodnar must have made a mistake, the times were wrong. We do not know the times of communism when the Minister of Justice used decrees to indicate how judges should rule. We have a free Republic of Poland, operating in accordance with the Constitution
– he emphasized.
According to the SP MP, Bodnar’s action is an “attack on judicial independence”.
He wants to revoke the constitution, revoke laws and rulings of the Constitutional Court and order judges how to rule.
– he said.
As he explained, “Adam Bodnar wants to intervene in the issue of criminal and civil law issues.” procedure, indicating which judges cannot judge.”
Mr Bodnar wants to manually control the courts (…). This so-called restoration of the rule of law is nothing more than a violation of it
– he assessed.
Woś: “The sources of law are clear”
MP Michał Woś emphasized that “the sources of law are clear – they concern the constitution, international agreements ratified by parliament and laws.
Only then are there regulations and other sub-laws. In this case, all courts – administrative courts, including the Constitutional Court, and for many years, not only under the leadership of President Julia Przyłębska – have clearly stated that sub-statutory acts cannot conflict with laws.
– he said.
Bodnar’s decree brings back the times of Stalinism. Even then, there was no idea that the executive branch would interfere with how judges should rule
– he said.
Sebastian Kaleta posted a message on the X platform, presenting how, in his opinion, the new parliamentary majority is changing the hierarchy of resources in Poland.
A new hierarchy of legal sources in Poland. The total government does not like the Constitution.
1. Judgments of the CJEU and the ECtHR
2. EU treaties
3. EC milestones
4. Tusk’s interpretation
5. Bodnar’s decrees
6. Resolutions of the Sejm
— wrote Sebastian Kaleta on the X platform.
tkwl/PAP/X
READ ALSO:
– Another controversy surrounding Bodnar’s actions! There is a regulation from the Minister of Justice. “The separation of powers straight from the Stalinist period”
— Bodnar attacked the National Council for the Judiciary. The President of the Council replies in a letter: I hope you respect the Constitution
Source: wPolityce