““Failure to recognize the Chamber of Extraordinary Control and Public Affairs is contrary to Polish regulations and the rule of law,” says former Deputy Minister of Justice of Sovereign Poland Michał Wójcik, citing Adam Bodnar’s “guidelines” regarding this institution.
In late June, Adam Bodnar issued guidelines for prosecutors regarding the Supreme Court. According to the legal deputy prosecutor general, prosecutor Michał Ostrowski, “they show that the Chamber for Extraordinary Control and Public Affairs of the Supreme Court does not exist.” Interestingly, the guidelines apply only to Bodnar, because only he can file an extraordinary complaint.
READ ALSO: Bodnar himself issued guidelines regarding the extraordinary complaint. Proc. Ostrowski: He declared the Extraordinary Control Chamber of the Supreme Court invalid
The existence of this chamber is of great importance because it deals with civil affairs.
This chamber deals with, among other things: cases of extraordinary complaints concerning children. For example, if children are abducted, there is a dispute between parents and they live in different countries, an extraordinary complaint is filed with the Chamber of Extraordinary Control and Public Affairs. This is a guarantee for citizens that someone is dealing with such cases
– says Michał Wójcik and adds:
It is known that in the most difficult and dramatic cases such extraordinary complaints were filed with this chamber.
Turning the legal system upside down
The former deputy attorney general notes that Adam Bodnar’s actions “turn the entire justice system upside down.”
First of all, it was a mistake, because the National Council of Prosecutors was supposed to give an opinion and, as far as I know, it did not give this opinion. Only after a few weeks was the issue of these guidelines discussed at a meeting of the National Council. Council of Prosecutors
– the politician emphasizes and notes:
Failure to recognise this chamber is contrary to Polish regulations and legal order.
The MP also refers to the statements of European institutions, to which Adam Bodnar refers.
It is true that he refers to the judgments of the European Court of Human Rights and the Court of Justice of the European Union, but these are not a source of applicable law that could suddenly make the Polish Constitution irrelevant. We must not forget that the Constitution is more important than any other judgment. The same Constitution states that it has the greatest force, as stated in the article. 8.
– Wójcik recalls.
It is not that someone from outside will decide who is a judge in our country and who is not. The Polish system is clear and decisions are made by the president. A discussion in the field of possible rulings of bodies such as the CJEU or the ECHR is not relevant in this field, because it would simply mean that the president is deprived of this prerogative.
– he explains, adding that this only increases the chaos in the legal system:
The fact is that this chamber deals with civil matters, so I don’t know how Adam Bodnar imagines who should handle these matters. This is chaos consistent with the activities of the past seven months.
“The Polish judicial system is in a huge crisis.” Actions against the Chamber of Extraordinary Control are just a drop in the ocean of decisions taken by the “Bodnar” supporters.
I would like to remind you that this is, for example, the law on the National Council of the Judiciary that the President sent to the Constitutional Court a few days ago, where it is clearly shown that there are better and worse judges. After all, judges have one status: a judge is a judge. The procedure for becoming a judge is clearly defined in Polish regulations, so it cannot be that a law divides judges into better and worse judges, but this has happened. This fits into the whole picture of everything that happens in the legal system
– Wójcik explains and lists:
The Polish judicial system is in a huge crisis, it is a mess. The media does not write much about this topic, but some courts believe that Mr. Korneluk is a national prosecutor, others believe that he is not. Criminals are released because of this, because it is about the use of: temporary arrest. In addition, there is the issue of attacking a parliamentarian who is protected by international immunity. This is about Mr. Romanowski and the clear position of the prosecutor’s office, which, contrary to this protection and even the position of the President of the Parliamentary Assembly of the Council of Europe, decides to file a complaint.
He adds that these actions will one day be accounted for.
It is as if they thought that they were above the law and that there would never be any responsibility for it. There will be responsibility, because this is a clear attack on specific regulations, on the Polish system. The same as with these guidelines regarding the Chamber of Extraordinary Control. Today, Polish law is being drastically violated in many areas. No matter how you look at the actions of the Prosecutor’s Office, it is simply a problem. We must wait until the end of the government to possibly take specific actions later
– says the former deputy minister, noting:
I think that Minister Bodnar will want to hide under the immunity granted to him by the Court of Justice of the European Union, but he cannot escape his responsibility so easily.
The consequences of chaos
This chaos in the legal system could have consequences for all of us, according to Michał Wójcik.
First of all, it is a blow to the citizens, because there is no legal certainty. There is a mess in the legal system. The Minister of Justice dismisses the presidents of individual courts; he can dismiss several presidents in one day. He arranges his presidents so that they are people who come from associations that attacked the previous government.
– the politician explains and adds:
There are absolutely scandalous situations, because I would like to remind you that in the Warsaw-Mokotów District Court, which heard the request for temporary arrest of Mr. Romanowski, the vice-president of this criminal court was a man who wrote directly in a statement that he resigned due to political pressure. It is known that in the future this will lead to an investigative commission. There is no doubt. I have never seen a sitting judge write that he was under the influence of political pressure and therefore did not want to become president.
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Source: wPolityce

Emma Matthew is a political analyst for “Social Bites”. With a keen understanding of the inner workings of government and a passion for politics, she provides insightful and informative coverage of the latest political developments.