Minister of Justice and lawyer General Adam Bodnar not only did not protest against the scandalous opinion of the Advocate General of the TEU, in which he considered that the national court could omit the judgement given by the Chamber of Extraordinary Control and Public Affairs of the ultimate Court, but even assessed it as a “important step towards restoring assurance in the justice strategy in Poland”! It is worth noting that the IKNiSN decides the validity of the presidential election.
The Advocate General of the Court of Justice stated that the national court is obliged to disregard or declare as a legally non-existent judgement of a higher court if it has been issued by a composition which does not meet the requirements of an independent and impartial court. His opinion concerns the situation in the Chamber of Extraordinary Control and Public Affairs of the ultimate Court.
All those sitting there were appointed to their positions in the procedure before the defectively shaped KRS
— burned down the ministry of justice.
The Opinion of the Advocate General of the TEU Dean Spielmann in Case C-225/22 is another crucial step towards restoring trust in the judiciary in Poland. It confirms that national courts, regardless of their jurisdiction, have a work not only to comply with European Union law, but besides to act actively in the defence of citizens' rights, if the decision has been taken by a non-judicial body within the meaning of EU law
— wrote on the X Bodnar platform.
In practice, this means that a lower court may, and should, disregard the judgement given by the Chamber of Control of the Extraordinary ultimate Court if the composition of the court does not meet the requirements of independency and legality. This is simply a strong confirmation of the rule of primacy of EU law, while ensuring effective judicial protection
“The Minister of Justice added, thus supporting the impertinent position of the Advocate General of the TEU, who interferes in the interior Polish affairs, and specifically in the functioning of the Polish justice system.
The Minister of Justice besides pointed out that the opinion of the TEU spokesperson coincides with the revised position of Poland, presented at the proceeding before the TEU on 9 January by representatives of the government – Prof. Maciej Taborowski, Deputy Head of the MS Department of European Law, justice Andrzej Ryng and Marek Rzotkiewicz from the KPRM.
I hope that the final judgement of the EUSEU will confirm this opinion and aid to strengthen citizens' assurance in the state
“Bodnar concluded by completely turning his tail, due to the fact that the opinion of the Advocate General of the TEU is, in fact, moving towards greater chaos in the judiciary and the failure of public assurance in the state.
The case, which the Advocate General of the Court of Justice Dean Spielmann gave an opinion on, concerns the judgement of the Chamber of Extraordinary Control and Public Affairs of the SN, which overturned the judgement of 2006 on unfair competition in the crossword magazines market. In 2020, then lawyer General Zbigniew Ziobro lodged an extraordinary complaint against this ruling to the SN. The Court of Appeal in Krakow, who was to re-identify the case, questioned the legality of the composition of the chamber of the SN due to alleged doubts as to the correctness of the appointment of judges in it.
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