Belonging to a stance that favors dialogue, a readiness to negotiate amid the current upheaval in the justice system was voiced by a high ranking official. She believes dialogue can curb the chaos, provided both sides extend good will in settlement talks. The message came from Małgorzata Manowska, president of the Supreme Court, speaking on a Saturday that highlighted the need for constructive steps within the judiciary.
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“It would be better if everyone fulfilled their obligations.”
Manowska emphasized that she remains the first president of the Supreme Court and a judge who must uphold the law with integrity.
In a TVN24 interview on Saturday she stated that she tends to guard her own domain and aims to ensure that any law enacted and applied aligns with the constitution and makes sense in practice.
She noted that politicians and a split Poland bear responsibility for how justice is conducted, and that the path forward hinges on balancing interests with the country’s welfare in mind.
According to Manowska, each party pursues its own aims, often sidelining the well-being of the nation. Judges themselves share responsibility, as they occasionally fail to act in accordance with their duties.
There is growing doubt about the level of trust in the Supreme Court and the judiciary as a whole. The speaker argued that national progress would come if all actors respected their roles and acted within their powers. She suggested that politicians from different sides should consult legal professionals on proposed solutions before lawmakers, with judges concentrating on decisions rather than political maneuvering.
– said the first president of the Supreme Court.
“There are important constitutional concerns here.”
When addressing recent legislative proposals, the president of the Supreme Court indicated confusion over why judges disciplinary matters should be routed to the Supreme Court. She acknowledged notable constitutional questions but pointed out that the Supreme Administrative Court already handles disciplinary cases, such as those involving uniformed services, while cases about lifting immunity have not yet been addressed in that forum.
She highlighted that the draft amendment to the Supreme Court Act, submitted to the Sejm by PiS deputies, aims to mark a significant milestone in the thus far unresolved KPO matter. It was later announced that consideration would be postponed to January with sessions set to begin on January 11, awaiting parliamentary return.
The proposal envisions disciplinary and immunity cases for judges decided by the Supreme Administrative Court rather than the Chamber of Professional Responsibility newly established within the Supreme Court. It also expands the independence and impartiality test, allowing not only litigants but the court itself to initiate proceedings. The draft includes additional exam requirements tied to the appointment process of a judge under law.
Manowska called this approach controversial and unusual, suggesting it does not mirror practices in other European legal systems. She even described it as a peculiar measure that was not applied to judges during the communist era, while noting that such measures could affect decisions already made by some judges.
Judge Shab
When the issue of removing Judge Piotr Schab from the role of extraordinary disciplinary officer was raised, Manowska replied that she had not requested his removal. She said the Supreme Court Council would forward its resolution to the president and that she recused herself from voting on the matter.
Earlier this week the Supreme Court Council adopted a resolution that called for a formal address to the president regarding the dismissal of Judge Schab and the appointment of an extraordinary disciplinary officer from among Supreme Court judges to replace him. The proceedings cover extraordinary disciplinary actions affecting all Supreme Court judges, with the question of which path the president will choose.
Manowska noted that Judge Schab serves as the disciplinary prosecutor for ordinary court judges and also chairs the Warsaw Court of Appeal. He was appointed by the president as an extraordinary disciplinary officer to investigate six cases involving Supreme Court justices. Under current law, the president may appoint such an officer from the group of esteemed judges to handle a specific case concerning a Supreme Court judge.
olk/PAP