The head of the Ministry of Justice on the rule of law project: the Constitutional Tribunal, the National Council of the Judiciary, the Supreme Court and the courts were subjected to devastating pressure

Chief of Minister Waldemar Żurek presenting the so-called project in the Sejm. of the Rule of Law Act, he distinguished four pillars which, in his opinion, were subjected to the “most devastating pressure” after 2015. As he said, these are: the Constitutional Tribunal, the National Council of the Judiciary, the Supreme Court and common courts.

The head of the Ministry of Justice, presenting the project of the so-called of the Rule of Law Act, he assessed that after 2015 – that is, after the parliamentary elections, when PiS won the parliamentary majority – a mechanism was introduced “in which the law, instead of being a shield for citizens, became a tool for dismantling the independence of the judiciary.” Żurek pointed to the pillars that, in his opinion, were subjected to “the most destructive pressure.” As first mentioned the Constitutional Tribunal. – The process that began with decision-making paralysis ended with the transformation of the body guarding the constitution into an institution legitimizing the unconstitutional actions of the executive power – said the head of the Ministry of Justice.

The second one the pillar is – according to Żurek – the National Council of the Judiciary. – The neo-National Council of the Judiciary has become an original sin that has infected the entire system of judicial appointments – he said.

During the first reading of the draft, the so-called of the Rule of Law Act, Minister Żurek blamed the PiS authorities for the chaos in the justice system, including questioning court judgments issued by “faultily appointed judges”. He also recalled the questioning of the independence of judges by international tribunals.

– Poland has gone from being a leader of democratic changes to becoming the subject of numerous infringement procedures before the Court of Justice of the European Union and negative judgments of the European Court of Human Rights. Undermining trust in the Polish justice system is not only a matter of prestige, but a real threat to judicial cooperation in Europe, but mainly to the legal security of Poles – said the head of the Ministry of Justice.

Żurek noted that the draft “rule of law act” was developed in dialogue with the legal community and is consistent with the guidelines of international expert bodies, including the Venice Commission.

He pointed out that the purpose of the draft act is to regulate the status of judges appointed with the participation of the National Council of the Judiciary, which has been operating since March 7, 2018, and, consequently, to guarantee participants in court proceedings the full exercise of the right to have their case examined by an independent, impartial, properly appointed court and legal certainty regarding the durability of court decisions.

The head of the Ministry of Justice emphasized that currently Polish citizens are deprived of these rights. – This is a pathological situation. We have to fix it and we have to fix it together with the president. I would like the president to consider this project, said Żurek

Head of the National Council of the Judiciary: project of the so-called the Rule of Law Act is a work of madness

The so-called project the Rule of Law Act is a work of madness; it is unconstitutional, illogical and internally contradictory, and the goal is revenge – said the head of the National Council of the Judiciary, Dagmara Pawełczyk-Woicka, on Wednesday in the Sejm. The head of the Ministry of Justice, Waldemar Żurek, replied, among other things, that as a “neo-judge, he is speaking in his own case.”

The head of the National Council of the Judiciary spoke during the first reading of the draft of the so-called rule of law act, i.e. the act on restoring the right to an independent and impartial court established on the basis of law by regulating the effects of resolutions of the National Council of the Judiciary adopted in 2018-2025. The project includes, among others: depriving the legal force of resolutions of the National Council of the Judiciary adopted after 2018 (i.e. by the National Council of the Judiciary, whose judicial members are appointed by the Sejm), containing applications for appointment to the office of judge (except for applications covering a group of so-called novice judges).

Pawełczyk-Woicka assessed that this is a project to verify all judges appointed at the request of the National Council of the Judiciary from March 7, 2018 to May 13, 2026 and “all the judgments they issued.” As she said, the ease of resuming proceedings based on a complaint to the European Court of Human Rights would bring chaos and disorder and mean “the end of the judiciary.”

– This project that was submitted to the Sejm is a work of madness. To say it is unconstitutional is to say nothing. To say that it is illogical and self-contradictory is to say nothing. (…) The project provides for the possibility of resuming hundreds of thousands of proceedings. Do the state even realize that they will deprive citizens of the right to go to court? – she said from the Sejm podium, addressing the authors of the project.

According to her, “the real goal of the project is, firstly, revenge, secondly, revenge, and thirdly, encoding in the social historical consciousness that power belongs to the group that is behind the concept of this project.”

The head of the Ministry of Justice replied, among other things: that Pawełczyk-Woicka “is a neo-judge herself, so she pleads her own case.” He added that she must have known that the judges who agreed to take part in the competitions before the National Council of the Judiciary in their current form “will have to repeat these competitions someday.”

– Do you know what competitions look like before the neo-National Council of the Judiciary? Over 500 people started one on one. Before the body this lady represented. Over 500 people start one on one. There is no competition, he said.

Jaskulski (KO): the draft rule of law act is not a political act, but an act of constitutional repair

The so-called project the Rule of Law Act, which the Sejm is considering on Wednesday, is not a political act, but an act of constitutional repair, emphasized KO MP Patryk Jaskulski. He added that the project restores the constitutional role of the National Council of the Judiciary. This is a fair solution, not a retaliatory one, he said.

Jaskulski presenting the position of the KO club regarding the so-called project Rule of Law Act, emphasized that “courts exist so that citizens can be sure that their case is resolved by an independent body, properly staffed and operating within the framework of the constitution.”

As he pointed out, the project supported by KO does not create a new legal order, but restores the order that was violated. – Restores the constitutional meaning of Art. 179 of the Constitution of the Republic of Poland and the role of the National Council of the Judiciary as a body safeguarding the independence of courts and judges – said the MP. – This is not a political act, it is an act of constitutional repair – he declared.

According to the KO MP, the National Council of the Judiciary, formed in a manner contrary to the constitution, has lost its political identity, the consequences of which “were and are dramatic.” He recalled an example from the end of last year, when a Poznań court overturned a life sentence in a triple murder case due to the faulty composition of the court. – And there are and will be more such cases if we do nothing about it – said Jaskulski.

Jaskulski emphasized that the draft Rule of Law Act “regulates in a fair and constitutional manner the status of people who came to the profession of judge from other legal professions.” – It provides them with employment protection, protective solutions and the opportunity to participate in new, regular competitions – he noted. – This is a fair solution, not a retaliatory one – he added.

The draft Rule of Law Act, i.e. the Act on restoring the right to an independent and impartial court established on the basis of law by regulating the effects of resolutions of the National Council of the Judiciary adopted in 2018-2025, provides for the deprivation of legal force of resolutions of the National Council of the Judiciary adopted after 2018, which included applications for appointment to the position of a judge (except for applications covering a group of so-called novice judges). (PAP)

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