It had to be “different”! For years, Adam Bodnar attacked the legal activities of disciplinary prosecutors who, in the time of Zbigniew Ziobro, professionally detected pathologies in the judicial community. Meanwhile, it took only a few weeks for the new Minister of Justice to resort to whipping judges and threatening them with disciplinary proceedings for rulings that were not in his favor. The difference, however, is that Adam Bodnar wants to pursue judicial independence and apoliticality. This is clear from the opinion of the National Council for the Judiciary, which was devastating for the Attorney General.
READ ALSO: Minister Bodnar: “We are restoring this constitutionality and looking for a legal basis to do so.” A disaster from the start
No one doubts anymore that Szymon Hołownia’s crude arrangement with Judge Piotr Prusinowski, President of the Chamber of Labor and Social Security, was aimed at the political selection of a panel of judges who would rule “along the lines” proposed by the chairman of the Labor Council. the Sejm on the parliamentarians Wąsik and Kamiński. Both men managed to admit this indirectly. The act ended in failure because Hołownia’s decision to terminate the mandates of former PiS ministers was annulled by the competent and legal Chamber of Extraordinary Control and Public Affairs. This must have hurt the Minister of Justice. This is probably where his illegal threats to initiate disciplinary proceedings come from.
Minister Adam Bodnar has sent a letter to the disciplinary spokesperson of the Supreme Court, Andrzej Tomczyk, asking him to assess whether the action of the Chamber of Extraordinary Control and Public Affairs in the MK case (I NSW 1267/23) constitutes a disciplinary is an unlawful act. The Minister of Justice has therefore asked the Commissioner to consider initiating an explanation procedure in this case
– we read in a statement from the Ministry of Justice.
According to Minister Bodnar, it must be determined whether there has been a clear and flagrant violation of the law or an act or omission that could prevent or significantly impede the functioning of the judicial authority.In the opinion of the Minister of Justice, the court should rule on the basis of the original files of a particular case. The file containing copied documents may be incomplete or inconsistent with the original. Acting in this way “undermines confidence in the legal system and exposes the parties to the risk of abuse,” Minister Bodnar emphasized.
– informs the Ministry of Justice.
The Ministry of Justice indicates that on January 5, 2024, the Chamber for Extraordinary Control and Public Affairs considered MK’s appeal against the decision of the President of the Sejm on the expiry of the deputy’s mandate.
This happened despite the fact that the original files – as shown, among other things, according to the statement of the President of the Chamber of Labor and Social Security of the Supreme Court – are in the Chamber under his chairmanship. This was also confirmed in an official announcement on the Supreme Court’s website
– informs Mrs.
Interestingly, Adam Bodnar sees nothing wrong in the fact that the Chairman of the Sejm himself indicates which House should (illegally) hear his case and at the same time hands over the Sejm documents to the House, bypassing the administrative journal! Doesn’t this smell of manual control of the judiciary and a violation of judicial independence? Mr. Adam Bodnar probably won’t bother answering these obvious questions.
Judge Prof. commented on the shocking information from Bodnar’s ministry. Kamil Zaradkiewicz of the Civil Chamber of the Supreme Court.
This time I will advise the Minister on the legal basis – the Minister would like to read the CJEU judgments to which he so eagerly refers – especially those on disciplinary procedures for adjudication. In addition, art. 10 of the Constitution of the Republic of Poland on the separation of the judiciary
– wrote Judge Zaradkiewicz on the X website.
Crushing opinion from the National Council for the Judiciary
These aren’t Adam Bodnar’s only problems. The National Council for the Judiciary has issued a devastating opinion on the Minister of Justice’s bizarre draft regulation regulating the functioning of ordinary courts. Bodnar wanted the judges elected with the participation of the “new” composition of the National Council for the Judiciary not to be able to hear requests for exclusion. But that’s not the end. The new Minister of Justice wanted judges to give priority to EU law over Polish law. This is a clear violation of years of case law of the Constitutional Court.
The present project is essentially a direct attempt to violate the independence of courts and judges and to subordinate them to the instructions of the Minister of Justice, whereby the content of art. 178 section 1 of the Constitution, which clearly states that judges are subject only to the Constitution and the laws in the exercise of their office
– we read in the advice of the National Council for the Judiciary.
It is therefore worth asking what were the reasons for the legislative proposal to exclude judges appointed without procedural defects, confirmed by a ruling of the Constitutional Court, from considering applications containing such allegations, and to that have been appointed after completing a procedure with defects cannot be excluded.
– ask representatives of the National Council for the Judiciary.
Adam Bodnar is a true master of measuring and measuring and thinks he will revolutionize the Polish judiciary in a short time. However, he is very profoundly wrong.
WB
Source: wPolityce