The president comments on the activities of the Ministry of Justice: this is an ostentatious act of lawlessness
According to President Karol Nawrocki, the ordinance of the Minister of Justice amending the regulations of the office of common courts “ostentatious act of lawlessness”. The president appealed to the judges on Friday that in his work “the others were independent and subject to the constitution and laws.”
The ordinance of the Minister of Justice amending the regulations of court office was announced in the Journal of Laws on Tuesday, September 30 this year. The amendment refers, among others for the functioning of the random system to allocate to judges (SLPS).
The change aroused controversy and criticism from opposition politicians. They indicated, among others to the regulations added to the regulations that “The chairman of the department may decide if it is necessary to improve the work efficiency of the department that matters recognized in the composition of three SLPS judges will assign the clerters, and the other two members of the composition will be appointed by the chairman of the department according to the principles set by the President of the Court after consulting the college of the competent court “.
On Friday, the ordinance was criticized by President Karol Nawrocki, who assessed that it was an “ostentatious act of lawlessness.” “An attempt to replace laws by the regulation strikes the constitutional order and in the democratic legislation legislation. The designed rules for determining the composition of the court are to become unverifiable in order to enable manual control of the selection of judges for the political needs and expectations of the rulers,” wrote the president on platform X.
“As the President of the Republic of Poland, I call on all judges – regardless of the procedure you were appointed and the hands of which you received the act of calling – that, by guided by the constitutional principle of Article 178 of the Constitution, in the office of the office, the remaining instead To force you, “Nawrocki asked the judges.
“This is a real test of independence of thousands of Polish judges, a test of responsibility for the constitutional order of the state, which guarantees everyone to the right to a fair and public consideration of the case within a reasonable time, by independent, as well as an impartial court established by the Act,” said the president.
He also declared “full support” for judges who “will not succumb to unlawful attempts to deprive them of independence.” “At the same time, I say clearly: the one who will lawless and breaks his oath, will undermine his mandate on behalf of the Commonwealth – moral and resulting from public trust – and the decisions taken in such conditions will be questioned” – emphasized the president.
Nawrocki also recalled the rota of the judge's vow: “I am solemnly vow as a judge of a common court to serve faithfully of the Republic of Poland, guard the law, fulfill the judge's duties conscientiously, to do justice in accordance with the law, impartially according to my conscience, to keep a legally protected secret, and in the proceedings be guided by the principles of dignity and honesty.” “Let this rota be a shield of your independence – and a compass in moments of trial,” he turned to the judges.
The president of the president was presented in the Friday statement by the head of his office Zbigniew Bogucki. He estimated that the head of MS Waldemar Żurek “does not work within the law, but wants to replace them.” – The regulation is an example of an open, conscious, planned and systemic process of devastation of the Polish legal order – said the presidential minister.
As he assessed, the instruments contained in the Żurek regulation “, in fact, create non -statutory exceptions to randomness and unchanging judicial warehouses – and thus brutally interfere with the matter reserved only for the Act.”
Bogucki added that the use of the regulation “undermines the trust of citizens into the state and law and creates an instrument of the impact of executive power on the course of public sensitive matters.” In his opinion, the ordinance violates a number of higher rank legal acts – the Act on the structure of common courts, as well as constitutional norms, including the principle of legalism and the principle of distribution of authorities.
– This is not the action of the Minister of Justice, but the minister of lawlessness, because by the sub -deposit act he tries to repeal the will of the legislator and the consequences of the constitutional act of signing the act by the president. The legislator explicitly decided how the judge should be appointed to the case – in accordance with art. 47a parish 1 of the cited Act (on the structure of the courts – PAP) the case is determined to judges and assessors randomly, as part of the category of cases, using the ICT system and while maintaining an equal load – pointed out Bogucki.
Minister Żurek referred to criticism on Friday afternoon. – There was a storm about how to assign matters, whether SLPS is to draw all three judges or just a clerk. We are introducing new solutions. SLPS, or a system of random allocation of cases, was until now called by the judges “Ziobrolot”, because from one man in the Ministry of Justice could depend on what would be assigned to whom. This is what IT specialists say – said the minister in the recording on the MS profile on Facebook.
As he explained, now MS wants to “do differently”. – The clerk will be drawn, but the chairman of the department in each court will be able to choose – according to a clear procedure, determined by the president and an approved by the College how to choose – the other two to the warehouse – said Żurek.
– It is important because this “Ziobrolotek” caused chaos in the faculties. In fact, it was very difficult to create compositions. These draws meant that one judge could be in many warehouses, he was running between hearings. This extended the proceedings – noted Żurek. He added that the change is aimed at restoring the situation when “we have the opportunity to deal with matters faster. (PAP)
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