“In a situation where there are non-incidental but clear violations of the law by the current government, any conversation is very difficult,” Dr. PiS’s Bartłomiej Wróblewski to the wPolityce.pl portal, commenting on the idea of a constitutional reset. However, he stressed the need to develop a new form of justice that is acceptable to all. The changes must relate to the future and must not lead to a shortening of the term of office of the Constitutional Court or the National Council for the Judiciary.
In the situation of the powerful takeover of the public media and numerous violations of the law by the Minister of Justice Adam Bodnar, and in the situation of the least democratic majority after 1989, talks on amending the Constitution of the Republic of Poland are difficult. However, there are reasons for such a discussion to take place, but given the illegal actions of Donald Tusk’s liberal-left coalition, one should expect at least a partial withdrawal from these actions.
– noted the PiS MP.
The shape of the legal system
We need to think about what the shape of the Polish legal system should look like in the future. I asked this question when I ran for Human Rights Ombudsman in 2021 and proposed the creation of a round table. It would be a forum for conversations about what solutions to the justice system could look like that would be acceptable to all parties to the political dispute. Otherwise we risk a situation where major changes are introduced every political cycle.
– he emphasized.
For example. Until 2010, the Attorney General was also Minister of Justice. PO separated these functions and PiS later restored the previous state. Today PO is again talking about the Attorney General being independent of the government.
– Wróblewski remembered.
The PiS MP drew attention to problems associated with frequent changes in regulations.
A situation in which the provisions on the public prosecutor’s office are changed three or even four times within ten years is certainly not good for Poles. The criminal world benefits from this because every change of this type causes the public prosecutor’s office to function less efficiently. Such systemic changes do not contribute to legal certainty and the effectiveness of the public prosecutor’s office. Indeed, some kind of roundtable and conversation on this topic would be needed to narrow down the scope of changes implemented during the next political cycle
– he emphasized.
However, for such changes to be implemented and effective, a constitutional majority is required, i.e. 2/3 in the Sejm. They cannot be implemented without PiS on the one hand and PO on the other.
– added.
The future of CT
Bartłomiej Wróblewski drew attention to how the Constitutional Court will function in the future.
Of course we can discuss what the Constitutional Court, the National Council for the Judiciary, the Public Prosecution Service or other institutions should look like in the future. However, these discussions must be focused on the future. What should the Constitutional Court look like in the future? I cannot imagine that the constitutional reset would mean that all these legal institutions are now dissolved and that all the people in them are re-elected. The discussion about changes regarding the choice of the composition of the Constitutional Court must concern the future. I cannot imagine retiring all the judges of the Constitutional Court at once. A compromise should be sought in the future regarding the selection of judges for the Constitutional Court and the National Council for the Judiciary. I can’t imagine scrapping the entire National Court Register now.
– said the PiS MP.
The question remains open, and I asked it in 2016, whether the judges of the Constitutional Tribunal should not be elected by a qualified majority, that is to say by a 2/3 instead of 3/5 majority of the votes. Only such a majority offers any security for the opposition. It is difficult to make such a choice without the agreement of a significant part of the opposition. And we can talk about that.
– he noted.
Wróblewski noted that making changes to the Constitutional Court now is not justified.
As regards the current composition of the Constitutional Court, there is no reason to make any changes now. Firstly, because PO and its coalition partners can elect three judges in less than ten months. In turn, the terms of the next judges will expire next year. This is the logic of the system, that changes occur gradually and will continue to occur continuously. The Constitutional Tribunal will soon consist of judges appointed by the current government. After all, the terms of office of the judges whose status some members of the opposition are questioning will come to an end. Therefore, there is no need to introduce solutions aimed at ending the term of office of all judges.
– said the parliamentarian.
In turn, the term of office of the National Council for the Judiciary will expire in 2026. I imagine that the rules for the election of the next National Council for the Judiciary will change, and I do not consider it justified to extend the terms of office of all current members of the Judiciary. National Council for the Judiciary. What would such a compromise look like in this case? In the opinion of a large part of society, including PiS, a return to the corporate method, or perhaps as some say the caste method, of electing judges to the National Council of the Judiciary is unacceptable. In turn, PO believes that the business model of removing fifteen members of the National Council for the Judiciary is the most appropriate. You have to look for a compromise. Perhaps some of this group of fifteen judges of the National Council for the Judiciary could be chosen by the judges themselves, and some in some other way, for example by parliament or in some other democratic formula that does not take into account the social factor. We can talk about this.
– he emphasized.
Speaking about the constitutional reset, as an idea for a kind of round table and considering what the main legal institutions could look like in the future, I believe that such a conversation is necessary and that a compromise should be sought. I cannot imagine a reset that would lead to the end of the tenure of all the agencies I mentioned.
– added.
Breaking the law and discussion
Is there room for dialogue in this situation?
In a situation where there are violations of the law, even non-incidental but obvious ones, by the current government, any conversation is very difficult. For example, we can expect Adam Bodnar to withdraw from illegal activities against the Public Prosecution Service. However, we can discuss what PK should look like in the future. We must look for a compromise, so that the left, center and right in Poland agree on solutions that will work in the coming decades. The point is that changes shouldn’t happen every political cycle because this is a bad situation. Unfortunately, the current political atmosphere makes it impossible to have a real conversation and reach a compromise
– said Wróblewski.
After all, it is not just about organizing a meeting, but above all about ensuring that this meeting can lead to a compromise, which will then take the form of a constitutional amendment. These things must be written into the constitution, because only then can they be lasting changes
– added.
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Source: wPolityce