Waldemar Żurek O TK, KRS and SN: I have a concept for all these institutions

The Constitutional Tribunal, the National Court Register and the Supreme Court are crucial for the functioning of the rule of law; The situation when it comes to these institutions is very bad, but I have all the concept – MS's head Waldemar Żurek told PAP. He also emphasized the need to “change the nomenclature” when “something is not a court.”

PAP: The minister has recently said about many institutions that have been destroyed and which require rebuilding in accordance with the principle of the Triangle of Power. In my last conversation with the Minister you even talked about “matrix”. So how do you diagnose the situation in justice?

Minister Waldemar Żurek: The situation is very bad when it comes to basic institutions – the Constitutional Tribunal, the National Court Register and the Supreme Court. These are the key institutions for the functioning of the rule of law and the Tri -Power Tri -Herb. I have a concept for all of them. I am asking for one thing – we need to change the nomenclature. If something is not a court, and this results from the jurisprudence of European and Polish courts issued by legal judges, then let's not say: the first president of the Supreme Court, let's just say: the first president of the Supreme Court. Let's not say: chairwoman of the National Court Register, let's just say: acting chairwoman of the National Court Register.

In a timely manner we will go to other activities that we have planned. I do not want to warn them about these institutions, because maybe then it will not lead to an end and these ideas may fail. Everything must be convinced among the coalition, so that my decisions are not later criticized by the parliamentary majority.

PAP: What next about the current National Council of the Judiciary and its shape?

W.Ż.: We currently do not have the National Council of the Judiciary. We have created by the previous authority, which was aimed at authoritarianism, a pseudoorgan not fulfilling the functions described in the constitution and chosen faulty. We have a whole case -law, so we must lead to such institutions as soon as possible not to generate compensation later from the Treasury – all citizens pay for it. As soon as there is a decision in which direction we are going, then I will inform you.

PAP: What will you recommend in this matter, because the term of office Neoks ends in May next year?

W. We also do not have today a theory of presumption of compliance with the Constitution acting before the crisis. Why? Because this presumption only exists when the Constitutional Tribunal operates in the system, which guarantees the quality of law. Since the Dublers entered the Constitutional Tribunal and we have obtained the decision of the European Court of Human Rights “Xero Flor against Poland”, we know that we do not have a real constitutional control.

PAP: What next for the status of the so -called Neosędziów, i.e. those who were appointed from 2018 with the participation of the so -called Neoks? Will the minister continue the legislative work on this matter? The bill, which is also the result of the work of the Codification Commission, is waiting for the Venetian Commission to be approved.

W.Ż.: I withdrew the application from the Venetian Commission today. We know what the recommendations of the Commission are, we respect this authority, but at this stage consultations with the Commission are not intentional at the moment – we are working on a new bill regarding the Neosędzi. I have already encountered representatives of the Codification Commission of the System of common courts and the prosecutor's office and the Legislative Department in this case. It will be our priority. We must prepare this act as soon as possible in the final version and implement the legislative process, being aware that at the end the president can throw it into the trash. But then he will take this huge responsibility for what is happening in the Polish law system.

PAP: The Prime Minister focuses on the new MS/PG, i.e. the Lord, to deal with the settlements of irregularities related to the previous authorities. Will there be changes in the National Prosecutor's Office? If so, for which? Will they also be personal?

W.Ż.: Yes, there will certainly be changes. As soon as this happens, the relevant people in the prosecutor's office will learn about it, and then I will inform you about it at a press conference. I can't do everything at once, because the day, unfortunately, only 24 hours.

Norbert Nowotnik (PAP)

NNO/ EF/ SDD/ MHR/