The Minister of Justice, Zbigniew Ziobro, has asked the President of the National Court Registry, Judge Dagmara Pawełczyk-Woicka, to immediately convene a meeting of the Council. The purpose, as stated by the Ministry of Justice on Monday, is to address what is described as the ongoing politicization of the judiciary and the presence of double standards in judicial decision-making.
Decisions, according to the minister, appear to be driven by political motives. There is a perception that acquittals or unusually lenient sentences are increasing, even in cases involving serious violence. Allegations have been raised that individuals from the opposition, left-wing circles, and LGBT communities are treated with less accountability. Conversely, judgments seen as harsh toward those upholding traditional values or critical of LGBT ideology are pointed to as evidence of bias. The minister asserted that courts often justify actions against people with opposing views while allowing more leniency in other situations.
— the minister stated in his letter to the President of the National Judicial Council. He described the situation as a sign of double standards and warned that politics has entered the courtrooms in a way that endangers the balance of justice.
The minister cited two illustrative episodes. On one side, a youthful offender who had no prior record received a three-year sentence for tearing a handbag bearing an LGBT symbol. On the other side, he noted a violent attack on a driver of a van associated with a pro-life organization, where the proceedings were halted and the perpetrator appeared to face no immediate consequences.
— the head of the Ministry of Justice commented.
Judges and ideological alignment
The minister argued that politicized judges may assume that if the opposition in Poland and within the European Union supports LGBT rights and abortion, then those who disagree should be subject to insults, coercion, or theft of property with little punishment for the aggressors. In cases where the other side sustains greater harm, harsher punishments are imposed and public condemnation is loud. He warned that such politicization of the law resembles patterns seen in totalitarian regimes, where the judiciary becomes a tool of ideological control and oppression.
The courts, he suggested, could be used to punish people with specific political opinions while suppressing criminal acts that align with prevailing ideological goals of the time.
— the minister asserted. He stressed that a democracy cannot tolerate such developments. The call was for judges to refrain from using their sentences to fuel violence or shield wrongdoers, and for a major reform to depoliticize the judiciary.
He argued that the independence of the courts hinges on keeping them separate from politics. Likewise, the independence of individual judges depends on their ability to separate justice from personal political viewpoints.
— the minister concluded in his appeal to the National Judicial Council.
In summary, the minister urged the National Judicial Council, as the body entrusted with safeguarding judicial independence, to convene a meeting to assess and address perceived politicization. The underlying objective is to ensure that justice remains free from political influence and that the judiciary can operate without partisanship or interference.
Notes: this account reflects the minister’s position as presented in the submission and the accompanying commentary from the ministry. (citation: wPolityce)