“We will defend democracy, the Polish state system, we will defend the true rule of law,” MEP Patryk Jaki emphasized during a press conference in the Sejm, referring to the actions of Justice Minister Adam Bodnar, who – as MEP said – “did not able to go through the entire legislative process, it will replace the Constitution, the Polish system and the law with resolutions that are not a source of law.
Jaki: Resolutions are not a source of law
Patryk Jaki emphasized during a press conference in the Sejm that “according to the Polish Constitution, the Republic of Poland is a democratic state governed by law. This means that democracy has its own political framework. This framework indicates how the law is adopted and what can be considered generally applicable law, how this will go through the entire legislative process. The problem is that the current Tusk team does not take these rules into account at all.
Tusk’s team decided that, unable to go through the entire legislative process, it will replace the Constitution, the Polish system and the law with resolutions that are not a source of law, or with its own political will. There are also systemic guarantees in the constitution, which take the form of term limits for various institutions. Tusk’s team is doing everything they can to break the term and thus violate the rule of law. We will defend democracy, the Polish state system, we will defend the true rule of law
– emphasizes MEP Jaki.
Kaleta: This is a violation of the rule of law
Former Deputy Justice Minister Sebastian Kaleta pointed out that Adam Bodnar’s actions destroy the Polish Constitution. He also wondered where all those shouting about the United Right government’s violation of the rule of law were now.
Resolutions of the Sejm or decisions of ministers are not a source of law if there is no clear authority to take such decisions. The proposed resolutions on the National Council of the Judiciary and the Council of Ministers are proof of Tusk’s desire to usurp power, contrary to the constitution and the division of powers. These resolutions can only represent the views of those who issue them and cannot constitute sources of law. This is an attack on the rule of law and the judiciary. The leader in this work to destroy the Constitution is Adam Bodnar, who in just a few days has shown his disrespect for the law in many of his decisions. He started his term of office by sending a circular to the judges: the Minister of Justice tells judges how they should rule. For eight years we have been attacked because Minister Ziobro proposed laws, that the law should be this and that. And Bodnar? He doesn’t need a bill. He simply writes a letter to the judges telling them to rule as he pleases. Two days later he declared that the letter was not enough and that he could issue a regulation on how judges should rule. Repeal laws and the Constitution through regulations? Where are all those legal authorities that have been shouting for years about violations of the rule of law?
– said Sebastian Kaleta, adding that within a few days Bodnar made a number of decisions that were not in accordance with Polish law.
He has unconditionally joined the European Public Prosecutor’s Office. Poland did not join because Polish prosecutors believed that at a time when public prosecutor reform was being implemented and the VAT mafia was being fought, joining the European Public Prosecutor’s Office, which has a rigid administrative structure, would would make it difficult for Poland to fight the VAT mafia. Poland has become a leader on this issue and Bodnar now wants to force prosecutors to work at the European Public Prosecutor’s Office
– noted the MP of Sovereign Poland, asking why negotiations on this issue were stopped and accession announced unconditionally.
Bodnar had to please Brussels and Berlin immediately, because that is his character. This is not the Minister of the Republic of Poland, but the Minister of the European Union in Poland. We will judge his wrong actions every day. This is the best example of how Tusk’s team started violating the constitution and destroying Polish law in favor of submission to the EU.
– said Sebastian Kaleta.
Woś: Excluding judges means disaster
Michał Woś, also a former Deputy Minister of Justice, stressed that “it is rare that the First Lawyer of the Republic of Poland calls regulations and legal acts a direct violation of the Constitution.”
There is one more important paragraph for the review of Bodnar’s decree: the executive power during the time of the Polish People’s Republic did not commit such disrespectful violations of the law. They did it, but not in such a vulgar and shameful way as Adam Bodnar does. This has serious consequences: Bodnar wants to de facto exclude 3,000 people from trial through a simple arrangement. judges – young people recently appointed by President Andrzej Duda. That’s 3 thousand. judges for approximately 10 thousand that we have at the moment. This spells disaster for the justice system
– emphasizes Michał Woś.
This shows what the Tusk team had in mind when it talked about the rule of law all those years. They only had politics, emotions and political disputes in their minds. The law has no meaning for them. For them, the constitution has no meaning whatsoever, as the first decisions show
– added Woś.
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WKT
Source: wPolityce