“Persons appointed since 2018 have the status of judge, the constitutional status of judge. This means that changes to this status are only possible on the basis of the provisions of the Constitution applicable to judges,” Marcin Wiącek, the Ombudsman, said at a meeting of the Parliamentary Committee on Justice and Human Rights. Wiącek also expressed doubts about the procedure for the appointment of Dariusz Korneluk.
During the Parliamentary Committee on Justice, Marcin Wiącek was asked by MPs from Sovereign Poland what he thought about judges elected after 2018.
We cannot say that the people appointed since 2018 are not judges, even if the procedure for selecting these people is fraught with certain shortcomings. Persons appointed since 2018 have the status of judge, the constitutional status of judge. This means that changes in this status are only possible on the basis of the provisions of the Constitution that apply to judges
– he said.
Wiącek has doubts
Politicians from sovereign Poland asked the Ombudsman whether he believed there were any doubts about the appointment of Dariusz Korneluk as national prosecutor.
In my opinion, there are such doubts. Certain conditions must be met for the appointment of a national prosecutor. First, the existence of a vacancy for this position, and second, the judgment of the President, in light of the applicable law. In the case of both premises, doubts exist. As a civil servant, I am obliged to respect legal acts and appointments of relevant state institutions. The fact that we have certain reservations does not give us the right to question the legality of a state authority. A decision of the Supreme Court, i.e. a decision of three judges, issued in an appropriate manner and having the effect specified in the law for the time being applicable. This is a resolution that must be taken into account by the Court that asked the legal question
– he replied.
Michał Woś, Member of Parliament of Sovereign Poland, commented on these statements on the X website.
Commissioner for Human Rights Prof. M. Więcek of the Justice Commission: Judges, even those appointed after 2018, are judges. There’s no doubt about it. there are doubts about the “appointment” of D. Korneluk, because his “appointment” did not include the opinion of the President of the Republic of Poland required by law
– he wrote.
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dud/X/sejm.gov.pl
Source: wPolityce