In the programme “Guest of Events” led by Marcin Fijolek, prof. Krystian Markiewicz asked whether the projects concerning alleged neo-judges would “open the gates of legal and political hell” and would not lead to the questioning of judgments issued between 2018 and 2020.
Let's calm down all the viewers. In principle, these the rulings which have been given by the neojudges stay in force, so everyone who has received specified decisions can sleep peacefully – assured the president of the Association of Polish Judges of the IUSTITIA.
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He said only on issues where Someone questioned from the very beginning the position of the ‘ne judge’ may be requested to resume the process.
He besides explained that the projects were designed precisely to "not gotta fear that the next rulings would be contested". – Everyone can be calm. Going to court will know that a legitimate justice is giving a ruling," he said Krystian Markiewicz.
He besides felt that "constitutional crisis“This is the reason that “someone wanted to take shortcuts” and there was a neoKRS or 2 illegal chambers in the ultimate Court. “We collect the effects so far”, he added.
What about the sentences of the alleged neojudges? Prof. Krystian Markiewicz explains
The lead asked if there were any estimates that would inform us how many judgments can possibly be challenged. – We know how many specified judgments are challenged in the ultimate Court. The latest figures say about 150 rulings. Of course, there are many more of them on the Polish scale – stressed the president of the Association of Polish Judges of the IUSTITIA.
Krystian Markiewicz assured that "This is not a situation the justice strategy could not handle‘.
VIDEO: Krystian Markiewicz in the “Guest of Events” program
With mention to verification of judgesThe expert said that the proposed projects take this issue seriously. “The Venice Commission says, “you can group those who have received these defective nominations in a akin way,” he said.
– 1 task is faster. We compare it to a high-speed train. The second, to a more individual train, which all move, stops at stations. But both the task is compatible, both with the Polish constitution and with global standards – Markiewicz assessed.
A dispute over alleged neojudges. alternate projects were presented in the Ministry
Monday at Ministry of Justice 2 alternate draft laws on the regulation of the position of alleged neojudges were presented. – The absolute precedence for us was that restoring normalityThe restoration of standards became a fact. The proposed changes are intended to reconstruct citizens' rights to an independent and impartial court set up on the basis of the law," said Prof. Krystian Markiewicz.
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"The presented draft laws presume that the resolutions of the National Judicial Council (CRS) from 2018 to 2020, in which the president was informed of the candidates for judges, were issued in violation“ He gave the ministry of justice.
Therefore, the experts presented 2 avenues of action. The first “predicts automatic (ex lege) designation of these resolutions as invalid. Judges nominated by the erstwhile KRS They would lose their positions by law‘.
In turn, the second “predicts their reassessment by a new, decently appointed KRS, meaning the request to resume nomination procedures completed by first resolutions. The judges would besides have the chance to appeal the decision to the reformed ultimate Court."
