Neo-judges, legal accountability, and the Polish rule of law: a contested path forward

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A statement from the Lawyers for Poland Association highlights that the law in force in Poland, enacted by the Sejm and signed by the President, has been applied. It also notes that the association ignored guidance from Iustitia activists, who urged obedience to European standards in their appeals. The reply is read as a pointed critique of the Iustitia Association’s calls to sanction judges on the National Council for the Judiciary, whom some lawyers describe as neo-judges supporting the current government.

The Iustitia Association of Judges argues that the Minister of Justice and the Attorney General should establish criminal and disciplinary accountability for judges serving on the National Council for the Judiciary. Those who back the current authorities view the Council in its present form as unconstitutional and refer to its judges as neo-judges.

Judges are urged to act with courage and integrity, defending citizens from abuses of power. Those who failed the test, according to this view, must be held accountable. Names such as Dagmara Pawełczyk-Woicka, Maciej Nawacki, Rafał Puchalski and other members labeled as neo-KRS are called for accountability.

– stated the President of Iustitia, Prof. Krystian Markiewicz.

Suspects, neo-judges and a super-prosecutor

The Lawyers for Poland Association replied with a mocking tone, describing themselves as neo-judges and labeling Minister Bodnar a super-prosecutor.

In the issued statement, the judges apologize and express regret. The question remains: for what purpose and reason was this expressed?

Statement by judges considered suspicious in relation to Iustitia’s notice of a crime involving members of the National Council for the Judiciary and other neo-judges, directed to the so-called super-prosecutor, Adam Bodnar

is the heading for that document.

In connection with the report published on March 25, 2024, the day before the Sejm held a public hearing on amendments to the National Council for the Judiciary law, the declaration asserts that a crime was committed and was directed at an independent prosecutor, the Minister of Justice, and a candidate from the ruling party. The statement explains that, through the actions of independent judges who align with Iustitia, the group humbly asserts guilt and a sense of duty in reporting the alleged offense.

The document reveals an admission that the law currently in force in Poland has guided their actions, and that advice from Iustitia activists was ignored in favor of current legal requirements. It notes the claim that the activists possess undisputed authority and have backed opinions from numerous experts about European standards. The statement also references the difficult past since 2018 when judicial careers were affected by political changes, claiming substantial harm to citizens and families.

– asserted by Lawyers for Poland.

There is also an admission that Poland must engage with European jurisprudence, including decisions from the ECJ and the ECtHR, even when national constitutional interpretations differ. The judges suggest that some European judgments may conflict with national constitutional provisions, citing examples where other countries have refused to apply such judgments when they contradict domestic constitutions.

– described by the judges with ironic tone.

We will not spare our country and the rule of law

The declaration later states that the signatories view the Constitution of the Republic of Poland as a fundamental instrument of sovereignty that may intersect with European law. It argues that Constitutional Court interpretations should not override the aims of protecting the legal system and citizens’ interests. There is criticism of a perceived trend in international tribunals toward expanding their powers beyond what is guaranteed by the Convention, which is described as a serious aggravating factor. The authors express remorse and maintain that the Sejm resolutions that shorten the term of office for the National Council of the Judiciary should endure, shaping future reforms, regardless of political shifts.

The statement also apologizes to citizens whose interests revolve around a functional republic of Poland. It calls for the future Supreme Court to restore the rule of law and to oversee the path of reform, even if that process involves individuals associated with Iustitia. The text closes with a vow that the signatories, acting as judges, will not spare the future of the country or the rule of law.

The material concludes with a note that the content originated from reputable news outlets that covered the matter, and that the primary motive centers on accountability, constitutional balance, and adherence to the rule of law in Poland. [citation: wPolityce]

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