The Wpolityce.pl Portal recently revealed that Judge Piotr Gąciak of the politized Judges “Iustitia” association will consider the complaint of the PIS club against the decision to refuse to investigate the illegal deprivation of the position of the legal officer, DariUSZ Barski. I talked about a possible crime by Donald Tusk and Adam Bodnar. There are serious doubts as to whether there was a fair draw in this matter. “Random allocation of cases to judges is a fundamental guarantee for the independence of courts and the independence of judges (…)” – noted the “Lawyers for Poland” Association in response to the Wpolityce.pl publication.
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Mec. Michał Skwarzyński, PIS -representative, recently in an interview with the Portal Wpolityce .PL alerted that there could have been manipulation when drawing right Piotr Gąciakka to consider an important case with a political thread.
The action of the court, such as the establishment of illegal sections and secret of the results of the SLPs, in which Piotr Gąciak was “drawn” in such a case, evokes clear opposition and does not build a positive image of the judiciary because of the fault of people managing the court and the department. The scandal is that such a case is not visible to pull a judge. The scandal is that the case is dealing with the court, whose action is covered under a complaint, where I have questioned the drawing of affairs in Warsaw and the construction of a section that must recognize the complaint – Nemo Iudex in Causa Saa. I require sending the results of the draw -the SLPS report on my e -mail
– He said Michał Skwarzyński.
The position of “Lawyers for Poland”
Now the “Lawyers for Poland” Association took the floor throughout the store.
Random allocation of goods to judges is a fundamental guarantee for the independence of the courts and the independence of judges, which is directly related to the constitutional standard that results from art. 45 para. 1 of the Polish Constitution (the right to hear the case by “the competent, independent, impartial and independent court”) and art. 6 Para. 1 of the European Convention on Human Rights. The draw of the assessment of warehouses prevents random directions of affairs to specific judges, who can violate the principle of equality of parties, the transparency of the actions of the Court and the independence of the judiciary of external influences, including political influences, including political influences, including political influences, including political influences
– The Association “Lawyers for Poland” has noticed.
A random allocation of cases is therefore not only a technical administrative tool, but also one of the basic complex mechanisms to protect citizens against the manipulation of the justice dimension. All deviations from this principle must be subject to detailed supervision and transparent justification, because they can undermine the trust of citizens in the independence of the courts and can lead to the liability of the State for violating the right to a reliable process
– He added.
TKWL/X
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.