Legality of the National Council for the Judiciary and the Constitutional Court
The topic focused on the legality of the current National Council for the Judiciary and the Constitutional Court was raised in discussions about upcoming Sejm resolutions. Justice Minister Adam Bodnar commented on TVN24 that next week would be devoted to preparing these resolutions with thorough care.
Bodnar was asked about the announced Sejm resolutions concerning the legality of the National Council for the Judiciary and the Constitutional Court. He indicated that work on these resolutions would continue next week and stressed the importance of careful preparation.
He noted that the content and process behind the resolutions must be solid and well grounded.
Bodnar satisfied with the ECHR ruling
Recent events have brought new significance to the broader discussion of judicial reform. Jurists Agata Bzdyń and Kamila Ferenc from the Federation for Women and Family Planning highlighted the European Court of Human Rights decision in ML v Poland as a milestone related to access to legal abortion and the consequences of the 2020 Constitutional Court ruling. Bodnar described the ruling as an important development for those following the case.
The ECtHR determined that Poland violated the European Convention on Human Rights by restricting access to legal abortion for a pregnant person due to a fetal syndrome identified as Down syndrome, linking the issue to the 2020 Constitutional Court decision. The court pointed to Article 8 of the Convention, which protects the right to respect for private and family life.
The minister emphasized that the ruling mentions two dual judges from the Constitutional Tribunal, and he remarked that this judgment, along with the 2020 decision, raises questions about the constitutional framework in Strasbourg’s view.
He underscored that the court has issued a second fundamental judgment, prompting reflections on whether Strasbourg is challenging the later rulings of the Constitutional Court.
Asked if statements about broader constitutional flaws could lead to reforms such as recognizing new entities within the Polish legal system, Bodnar said it was important to address these issues seriously and to consider resolutions that clarify the place of different bodies within the system.
He noted support for a constitutional approach and pledged to work with the government to tackle these problems systematically, aligning with a commitment to constitutional fidelity.
Regarding whether the ECtHR decision on abortion implies nullification of the 2020 Constitutional Court ruling, Bodnar suggested that theoretical implications should be weighed carefully and that prosecutors might later decide whether to pursue actions when existing standards are or are not enshrined in law.
Bodnar stated the aim is to undo the adverse effects of the judgment where possible and to take action that can change the situation promptly.
The minister also highlighted the need for active involvement from the Ministry of Health, the National Health Fund, the Patient Ombudsman, and the Public Prosecution Service to prevent procedural gaps in critical situations. He suggested that a legislative remedy would eventually be needed, but citizens could not wait for a long process.
There is a sense of urgency in addressing the issue now, Bodnar said, noting that timely measures by health authorities and the National Health Fund could make a significant difference.
What about judges of the National Council for the Judiciary?
In discussing cases involving judges appointed by the National Council for the Judiciary under changes made in 2017, which created a system where Sejm elected 15 members, Bodnar referenced the European Court of Human Rights ruling concerning Lech Wałęsa. He indicated that Poland would not appeal this verdict and would work with European institutions to implement the ruling regarding Wałęsa.
He added that the ruling addresses the systematic resolution of cases involving judges appointed by the National Council for the Judiciary in its current composition.
On November 23, the European Court of Human Rights ruled on Wałęsa based on his privacy complaint with Krzysztof Wyszkowski. In 2021, the Supreme Court voided a favorable Wałęsa ruling following an extraordinary complaint by former Attorney General Zbigniew Ziobro.
The ECtHR, after reviewing Wałęsa’s complaint, found that the present method of appointing Supreme Court judges in Poland presents a systemic problem tied to how the National Council for the Judiciary is established. Legislative changes in 2017 gave Sejm the power to elect 15 judges, which the court deemed problematic for independent justice. The tribunal stated that hearings conducted by judges from the Extraordinary Chamber of the Supreme Court could infringe the right to a judge and that provisions on extraordinary complaints threaten legal certainty.
Poland is obliged by the ECtHR to enact measures restoring an independent and impartial court established by law.
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Source: wPolityce