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Only a change in the constitution can save the courts. Clear PSL position

Only a change in the Constitutional Tribunal, a new chapter in the Constitution on the Constitutional Tribunal will change the situation of justice-emphasized the head of the PSL, Deputy Prime Minister Władysław Kosiniak-Kamysz. He added that such an initiative is already complex and expects her to support both the president and the opposition party environments

Only a change in the constitution can save the courts. Clear PSL position
Only a change in the constitution can save the courts. Clear PSL position
photo: Jacek Szydlowski / / Forum

In the Journal of Laws on September 30, the ordinance of the Minister of Justice Waldemar Żurek, amending the regulations of court office, appeared. The change concerns, among others rules of the functioning of the random system of allocation (SLPS). He introduces a provision according to which “the chairman of the department may decide, in the event of a need to improve the work efficiency of the department, that matters recognized in the composition of three judges will assign the referents to the referents, 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 Court's college.”

The amendment aroused controversy. Critics – including President Karol Nawrocki – indicate that it gives the possibility of manual control of adjudicating warehouses. The president wrote in social media that the ordinance is a “ostentatious act of lawlessness” and an attempt to replace laws by a regulation, which – in his opinion – “strikes the constitutional order and the democratic legitimacy of the legislative power.”

On Saturday, at a press conference in Poznań, the ordinance of the head of MS was asked by the president of PSL, deputy prime minister, head of the Ministry of National Defense Władysław Kosiniak-Kamysz. In his opinion, “only a change in the Constitutional Tribunal, a new chapter in the Basic Law, in the Constitution, on the Constitutional Tribunal will change the situation of justice.”

He emphasized that such an initiative is already complex. He added that he expected her to support both the president and the environment of opposition parties. – If we want to really repair the justice system, if we want to add a sense of absolute certainty of justice among our citizens – and this is the overarching task for the authorities – we must change the basic law in the chapter on the Constitutional Tribunal – noted the head of PSL.

He added that in this respect “original sin began from 2016, with the devastation of the Constitutional Tribunal by our predecessors.” He noted that “they led to the destruction of trust in the judiciary and the quality of the law, also resolving disputes between the centers of power.”

– The Constitutional Tribunal in the assumptions of the 1997 Constitution was a fuse that caused that if the executive power has disputes, if the executive authority has a lot of legislative power, if there is a change in justice, there is something beyond what determines whether the act is in line with the constitution, whether the law can serve Poland well- noted Kosiniak-Kamysz noted

He added that this was the “independence of the Constitutional Tribunal, its credibility, and the report of citizens who sought justice there as in the last resort.” – It has been devastated. Without repairing the foundation stone, without repairing foundations, it is impossible to build a safe and just home. Justice cannot be built on the next floors. We need to renew the foundation stone, which is the Constitutional Tribunal-noted Kosiniak-Kamysz.

He indicated that this is the idea of ​​the Polish People's Party: “Constitutional reset in the field of CT”. – I expect a declaration from our political opponents that they want to genuinely repair (justice). If they want, this is the only chance. Everything else is always necessary, necessary, but it is insufficient, because the overall action is the construction of strong foundations, which is the Constitutional Tribunal – he noted.

– Unfortunately, the constitutional majority is needed to change the constitution. We expect all political environments to follow PSL's voice and want to change the constitution in this respect. This is the foundation stone without repairing which all other actions will not bring what is the basis for repairing the destroyed justice system by our predecessors – said the deputy prime minister.

He added that if the Constitutional Tribunal is not repaired in Poland, “we will be plunged into these disputes, because one side will always contest the other side.” He pointed out that the foundation of the problem of justice is that we have no reference point that would resolve political disputes.

– Of course, those who did this, those who led to this devastation are the most guilty. And they should first come to us and say: you know what, we have collapsed, it is so messy that even if you win the election, it is difficult for you to clean it that you have to fix it from scratch. And I think that this would be the biggest change that would happen in Polish politics. I hope that our today's exchange of sentences, our today's conference will go to the hearts and minds of those who receive us. We are ready – declared the head of PSL.

According to him, “on the side of the government coalition there is no problem with this, there is a problem on the PiS side and the president's acceptance must be at the end.” – So this is my public question: are they ready to fix the justice system? – he said.

Kosiniak-Kamysz asked if he would take direct talks on this subject with the opposition, he emphasized that such a question would ask this week.

Head of MS: Probably next week the draft law “lawsuit”

Minister of Justice Waldemar Żurek announced on Saturday that he would probably present a bill next week on regulating the status of judges appointed in 2018-25. He added that at the advanced stage there is also a bill regulating issues related to the functioning of the National Court Register.

The head of MS informed during the Saturday press conference that he raised recruitment limits to the National School of Judiciary and the Prosecutor's Office. – We also increased the scholarship for young lawyers and today we can say that for the application next year, for the first recruit, we will have 185 places on the judicial application and 125 on the prosecutor's application – he said.

He added that work is also underway on the act, which “will allow judges who want to retire, can – gaining an appropriate medical certificate – remain longer in service.”

Żurek also announced that probably next week, MS will present a ready bill of the law of the law. It is about regulating the status of judges appointed by the National Judiciary Council after the change of regulations in December 2017.

– I declare full cooperation with the president's office, with the president, but my direct superior is the prime minister. If there are expectations to discuss the most important issues related to this act, I am open to discussions – assured the Minister of Justice.

The head of MS also said that at a very advanced stage there is a bill regulating issues related to the functioning of the National Court Register.

Saturday's conference of the head of MS took place during the break of the Iustitia Association of Polish Judges, in which Żurek – he noted – did not participate.

The President of the Association Bartłomiej Przymusiński announced that the board of the body adopted a resolution in which he addresses public authorities and legal public trust for the recommendations of the judgments of the Court of Justice of the EU, the European Court of Human Rights, the Supreme Court and the Supreme Administrative Court regarding the rule of law in Poland. In addition, the judges called on the government and parliament to adopt laws regulating the status of “defective judges” and “healing KRS” due to the deadline of the judgment of the ECtHR regarding Lech Wałęsa's complaint on November 23, 2025.

The ECtHR, having examined Wałęsa's complaint, decided that the current way of establishing judges of the Supreme Court in Poland is a system problem resulting from how the National Council of the Judiciary was established.

Przymusiński informed that his association expects from the Minister of Justice to present a court action plan in the event of failure to sign the indicated laws by President Karol Nawrocki.

After meeting with judges, ISUSTITI, Minister Żurek wrote on portal X that “he feels the burden of their expectations, but also huge support and understanding, for which I thank you.” He added that they are connected by common goals: restoring the rule of law, the implementation of European tribunals and healing of the National Council of the Judiciary. “The rule of law, which will regulate the status of the neo -sets appointed after 2017, is ready – about it soon,” he emphasized. “We want experienced judges to return to service and young lawyers will join the system,” added the head of MS. (PAP)

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Ashley Davis

I’m Ashley Davis as an editor, I’m committed to upholding the highest standards of integrity and accuracy in every piece we publish. My work is driven by curiosity, a passion for truth, and a belief that journalism plays a crucial role in shaping public discourse. I strive to tell stories that not only inform but also inspire action and conversation.

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