“So not only do they violate the term of office of judges to appoint judges in the way they want, but moreover, completely by mistake, in the criminal divisions, and not in the civil divisions or the family divisions, they appoint judges in such a way that only the so-called judges can decide in these criminal cases. old judges,” Patryk Jaki said at the press conference of the PiS club in the Sejm, about the scandalous changes in the judicial system, the driving force of which is the head of the Ministry of Justice, Adam Bodnar.
Patryk Jaki, Member of the European Parliament of Sovereign Poland, assessed the controversial changes in the judicial system by Adam Bodnar as unprecedented in the history of Poland after the transformations of 1989.
We are currently facing an unprecedented situation in Poland. There has never been such a situation, where a ruling team after 1989 so ruthlessly violated all the rules of a country that could call itself a democracy. What kind of democracy is this? Where the one who buys the power apparatus can do anything. I would like to remind you that in order to call a state democratic and to call it a state that belongs to the civilization of the Western world, there are certain rules, such as the separation of powers.
– said Patryk Jaki.
The hypocrisy of the December 13 coalition
He also drew attention to the hypocrisy of the approach of Donald Tusk, Adam Bodnar and the representatives of the current parliamentary majority, because when they were in opposition they said something completely different about the Constitutional Court, the judicial system or the rule of law.
The separation of powers means that the judiciary is a separate power, in which politicians do not interfere. When Tusk and Bodnar were in the opposition, they often talked about it themselves. Now we see how they brutally violate these rules, these manifestations and the promises they made. This can be seen in the example of the courts. Well, they rightly said then that politicians should not have any influence on judges
– said Jaki.
It is enough that they came to power and so it turns out. That they are brutally breaking the law and violating the terms of office of judges in a large number of courts in Poland. Including a particularly important court where political cases will be heard, namely the district court in Warsaw and the court of appeal
– he continued.
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I would like to remind you that court managers in Poland have a term of office. They can be violated only in very specific cases, which are defined by case law, for example, in the event of death or when a judge has committed a crime. And here it turns out that he violates the terms of office that guarantee independence, independence and autonomy. He violates this term of office now by talking about which judge should be dismissed despite his term of office, because he was elected by the National Council of the Judiciary in democratic Poland. Moreover, it is breaking the decisions of the Constitutional Court, where in our time they have repeatedly reiterated that the decisions of the Constitutional Court are final and generally applicable in accordance with the law
– added the Member of the European Parliament from Sovereign Poland.
Quasi-peer system
According to him, the violation of the term of office of judges, committed by the head of the Ministry of Justice, is intended to prepare the judicial system in such a way that it would be politically advantageous for Donald Tusk’s coalition.
So not only are they violating the term of office of judges to appoint judges in the way they want, but in addition, completely by accident, they are appointing judges in the criminal divisions, and not in the civil divisions or the family divisions, in such a way that only the so-called judges can rule in these criminal cases. old judges
– said Jaki.
This leads to a paradoxical situation that best demonstrates the attack on the source of the Western legal world, to which Poland used to belong, but to which under Tusk it now does not belong, namely that people appointed under the system of the Polish People’s Republic can be criminal judges and can judge criminal and political cases, and judges appointed in democratic Poland over the past almost ten years cannot and are not automatically excluded from automatically ruling on these cases.
– noted the party politician of Zbigniew Ziobro.
Unprecedented violations of the rule of law
Patryk Jaki suggested that if similar things had happened in the legal system during the United Right’s rule, PiS and its allies would have faced enormous praise and widespread criticism, not only in Poland but also abroad.
We have a situation where Bodnar, as a politician who will bring charges through a prosecutor’s office that has been taken over by force and is acting illegally, is now choosing judges who will judge the case. It is unbelievable. If something like this were done in our time, the whole world would be screaming
– he explained.
Perhaps Adam Bodnar should sit there and act as a judge and, for example, judge the case of MP Romanowski, because why pretend that the rule of law is being restored when such things are being done? In our time, no one would think of dividing the departments into judges, for example, judges from Jaruzelski, who are not allowed to judge, and judges elected by the National Council of the Judiciary, who can judge. This is what these anti-democrats have in mind. This is unprecedented and there is no other example of such an example after 1989 in the world belonging to Western civilization
– said Patryk Jaki.
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Source: wPolityce