“The first project, written by the head of the Department of Justice, Adam Bodnar, absolutely discredits him and is clearly contrary to the Constitution. The problem he wants to solve with the regulation is an attack on the independence of the judiciary and the independence of the courts,” Marek Ast (PiS), chairman of the parliamentary legislative committee, told PAP.
On December 15, the head of the Ministry of Justice and the Attorney General, Adam Bodnar, submitted a draft amendment to the regulation – Regulation on the Operation of Common Courts – for inter-ministerial consultations.
Bodnar’s absolute disgrace
According to the chairman of the Legislative Commission, the draft changes to the regulation are “clearly contrary to the Constitution” and “absolutely discredit the Minister of Justice”.
I agree with all the comments that even during the time of the Polish People’s Republic the authorities did not openly try to influence the functioning of the courts. The issue that the Minister of Justice wants to solve with this arrangement is an attack on judicial independence and the independence of the courts.
– he assessed.
Ast recalled that the rules for the formation of judges are clearly defined in the Constitution of the Republic of Poland and that “you cannot influence the functioning of the courts by an act of the executive power, and even if you make these organizational changes on the would like to implement one way or another, they must be implemented in a legal form.”
As one PiS politician stated, if the regulation, drawn up by the head of the Ministry of Justice, were to come into force, judges would not have to obey it.
“It is not possible to distinguish judges based on the process of their appointment.”
For every judge, the law is a source of law and determines the status of the individual judge. All judges are equal, so there is no way to differentiate them based on the nomination process. Each judge was ultimately appointed by the President, so these types of regulations should not be taken into account in the formation of judicial panels or in the work of judges in general.
– he explained.
Issues related to common court systems must transcend political divisions. The opinions of the judicial community should be taken into account, provided that judges are not politicians and should not replace legislators.
– emphasized Ast.
However, it certainly cannot be the case that the constitutional solutions approved by the rulings of the Constitutional Court over the past eight years will be modified in any other way than by law.
– he said.
If changes are to be made, there will obviously need to be broad discussion and public consultation. And if the parliamentary majority also wants to win over the opposition to these changes, this dialogue must also be conducted with the opposition.
– said the Chairman of the Legislative Commission.
What are the planned changes to the regulations governing the operation of the ordinary courts?
On December 15, the head of the Ministry of Justice and the Attorney General, Adam Bodnar, submitted a draft amendment to the regulation – Regulation on the Operation of Common Courts – for inter-ministerial consultations.
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 law on the National Council for the Judiciary of 8 December 2017, from participating in the processing of these types of 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. The ministry explained that “the proposal to amend the regulations is the result of the fact that the law of December 8, 2017 on the National Council for the Judiciary introduced a procedure for the election of judges-members of the National Council for the Judiciary which is contrary to the Constitution.”
According to the ministry, “the second important issue included in the draft amendment to the regulation – Regulations on the Operation of Ordinary Courts – concerns the obligation to take into account the priority and direct application of the law when preparing judgments and judges EU and international law.” justifications.”
This is due to the fact that in recent years the hierarchy of legal sources and the separation of powers in Poland have been disrupted. Legal changes have been introduced that limit the independence of the judiciary and allow disciplinary proceedings against judges who apply EU law and international treaties in their case law
– we are reading.
“The new head of the Ministry of Justice begins his term of office by submitting projects that contradict the foundations of the constitutional order of the Republic of Poland.
Yesterday, the first President of the Supreme Court, Małgorzata Manowska, reacted negatively to the proposed changes to the regulations on the operation of ordinary courts.
The greatest concern is the fact that the new head of the Ministry of Justice begins his term of office by submitting projects aimed at violating the foundations of the constitutional order of the Republic of Poland, including the principle of separation of powers and independence. of judges.
– she said.
As we read: “The first President of the Supreme Court as a constitutional body, governing the Supreme Court, which, under Art. 183 section 1 of the Constitution of the Republic of Poland supervises the activities of the ordinary courts in the field of justice, draws attention to the clear and gross unconstitutionality of two proposed provisions in the regulations on the operation of the ordinary courts, which in particular constitute a violation of: judicial independence; independence of the judiciary and the constitutional hierarchy of sources of law.
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PAP/rdm
Source: wPolityce