“This is an astonishing construction: the prime minister does not know what he is signing, the minister is not responsible for it, and the unnamed official made a mistake. It is hard to believe,” PiS MP Bartłomiej Wróblewski said in an interview with wPolityce.pl.
Prime Minister Tusk stated that there was an error in the co-signature of the President’s decision appointing Judge Krzysztof Wesołowski as chairman of the meeting of the Civil Chamber of the Supreme Court, and that the official who drew up this document “was not aware of the political nature of this nomination.”
After all, I don’t think it was a mistake. It’s hard to imagine that this decision was somehow taken mechanically by civil servants and that the document was presented to the prime minister and signed without a second thought.
– says Bartłomiej Wróblewski and adds:
I think the prime minister signed this co-signatory decree consciously. However, he was afraid of the scale of the protests in his camp and put the responsibility on the official. At the same time, he protects his superior, Minister Berek. This is an astonishing construction: the prime minister does not know what he is signing, the minister is not responsible for it, and the unnamed official made a mistake. It is hard to believe.
New laws
Donald Tusk also announced that Justice Minister Adam Bodnar will soon present projects related to the status of judges, the National Council of the Judiciary and the Supreme Court.
We have known for months that Donald Tusk’s government is preparing bills, and they are usually bad, but sometimes they are not radical enough. Under the influence of the most radical part of the ruling camp, they change and become even worse
– notes Bartłomiej Wróblewski.
In several cases we have had situations where Adam Bodnar or, as now, Donald Tusk, who co-signed the President’s decree, made decisions that were rational and should have been taken by the Supreme Court, or that, in order for the judicial system not to collapse, the radicals, the most revolutionary part of the political base, protested so strongly that they had to withdraw from it.
– he continues.
The course taken by the government of Donald Tusk is an attempt to restore the status quo ante, i.e. an attempt to restore the situation before 2015. This is legally and factually impossible. Therefore, it is difficult to say what goal the government is currently pursuing. I suppose they want to convince the most radical supporters that their expectations will be met until the presidential elections. Later, the government will face reality
– says the politician.
There is no way to eliminate the 3,000 appointed judges. There is no way to question the millions of decisions that have been made. Even creating mechanisms that make this possible only leads to more and more legal chaos. In every pending case, legal representatives do not only have to use substantive arguments, but can argue that someone was a specific judge, was appointed or decided in specific circumstances. This often delays the process for a long time, even if it does not overturn the judgment
— recalls and summarizes:
The situation in the justice system is catastrophic and this political game, in my opinion a game of time, played by Prime Minister Tusk and his entourage, only makes these problems worse.
Impact on independence
In an interview with wPolityce.pl, Bartłomiej Wróblewski also assesses whether the changes could affect the independence of the Polish judicial system.
The independence of courts and judges is already being violated. We are dealing with a kind of persecution of some judges. But this is increasingly meeting with resistance. Many judges who are not in favor of Law and Justice see that the consequences for the legal system are disastrous
– the PiS MP emphasizes.
This method, adopted by a rebellious part of prosecutors and judges, followed by Tusk and Bodnar, leads to the fact that wherever – at the prosecutorial stage, at first or second instance, the Supreme Court hearing a case. Whether it is a normal course of events or an extraordinary complaint, wherever there is a person appointed or promoted after 2015, there is a basis for questioning the proceedings or the verdict, which in fact means that any procedural action or verdict in Poland today can be stopped and this has serious consequences for people
— notes and points out what the consequences may be:
No one can be sure whether he has acquired the property, whether he has been rightly compensated, or whether the registration in the land and mortgage register is final, because the mechanism of distrust towards everything that happened after 2015 affects specific issues of people, regardless of their views. All this is heading towards a major catastrophe.
Bartłomiej Wróblewski reminds that these changes will not take place in the coming year:
President Duda is a responsible politician and he will not sign any law that would violate the Constitution or would affect citizens.
READ MORE:
— Chaos or fear of criticism? Tusk apologizes for co-signing regarding Judge Wesolowski: the documents were poorly prepared
– ONLY WITH US. Milewski: Some judges are hungry for revenge for the reform of the justice system. It robbed them of some of their privileges
as above
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.