“A judge may not adhere to a regulation that is contrary to the Constitution and the law,” said Prof. Anna Łabno, constitutionalist from the University of Silesia.
And such a regulation is, also in the opinion of Prof. Anna Łabno, a draft amendment to the Rules of Ordinary Courts, drawn up by the new Minister of Justice, Adam Bodnar, which discriminates against judges appointed by the National Council for the Judiciary, because, according to the ministry, “the law of December 8. 2017 introduced a procedure for the election of judges – members of the National Council for the Judiciary”, which is contrary to the Constitution.
We ask Prof. Anna Łabno on television wPolsce.pl whether she agrees with the ministry’s opinion.
It’s not true. You should read the relevant provision of the Constitution, which shows that these 15 judges will be appointed, and the procedure in which this will happen is not constitutionally specified, and is therefore left to the decision of the law (…) the act is legal (…). You may not agree, you may have a different concept, but the procedure is certainly constitutional.
Minister Adam Bodnar has also included in the regulations an obligation for judges to take into account the priority and application of EU and international law when preparing judgments and justifications.
Prof. Łabno once again reminds what the supreme law in Poland is:
The Constitution is in accordance with the constitutional provision of Art. 8 section 1 is the supreme law in Poland. There is no doubt that all legal norms must be in accordance with the Constitution. A conflict between European law and the Constitution is possible and not easy to resolve. However, what is so characteristic of the practice of recent years is the situation in which the European Union exceeds the limits of its powers and therefore acts beyond the powers granted to it. We must not forget that the Treaty on European Union clearly states that the Union shall exercise only the powers conferred on it.
Prof. Łabno states that judges, especially those appointed after 2018, are in a very difficult situation given the above-mentioned intentions of the Ministry of Justice:
A judge is subject only to the constitution and laws. A judge may not adhere to a regulation that is contrary to the Constitution and the Law (…) independence is not a right, it is the duty of the judge, that is why there are guarantees that make it easier for him to carry out his task to exercise in an independent manner, and independence serves all citizens who demand a fair decision from the court. I know this is a very difficult situation, I am aware, it is not easy for a judge to behave in such a situation, but he has obligations, he has the constitution, he has the law. will people decide to follow the path indicated by the minister? How many will say there’s no point, because we can’t do it, because it’s not necessary?
Prof. Anna Łabno believes that society should support judges:
I think we are at a turning point. This moment has only just begun, it is not easy and above all requires great solidarity from us, society, which should support the judges appointed by the National Council of the Judiciary since 2018.
The entire conversation below:
aj/wPolce.pl
Source: wPolityce