It's not like we have legal dualism. We have the Polish legal strategy and alternate party-written lawlessness system.
The 2 moves of the PiS / and the Dudy / at the beginning of their office led to this chaos:
1. The liquidation of the Constitutional Court on 3 December 2015 at 0:15 p.m. - the swearing in of 3 doubles by Duda in the presence of Kaczyński and the failure to print the Constitutional Court's judgments.
At this point, the Laws had been guaranteed that no further violations of the Constitution by laws would be subject to control, either by Dudy or by the Constitutional Tribunal of Przyłębska.
If the Law Orders PiS to shoot redheads, it will be a law consistent with the Constitution.
2. Unconstitutional interruption of the operation of the National Judicial Council and appointment, contrary to the Constitution, of 15 judges by the Sejm, alternatively than as had been so far by the Assembly of Judges.
Since then, neo-KRS has produced neo-Judges - from Manowska to the ultimate Court at the head.
In summing up Kaczyński, Duda and Ziobro had what they wanted: a huddle the soul of hell is gone. And they utilized it abundantly.
How to reconstruct the regulation of law in Poland?
I read, I perceive to legal authority, but this legal diagnosis, there are no concrete conclusions.
The Neojudges cannot rule, the ultimate Court Control Chamber is not a court, but so what? What's next?
Some enigmatic ideas, but they all presume to get along with Duda.
The thought of dealing with Duda is so funny, the hands are dropping. And it's not just that Duda is Kaczyński's pen, and not just that Duda is simply a megalomaniac.
Some enigmatic ideas, but they all presume to get along with Duda.
The thought of dealing with Duda is so funny, the hands are dropping. And it's not just that Duda is Kaczyński's pen, and not just that Duda is simply a megalomaniac.
Duda was actively active in breaking the Constitution, breaking the law, so his consent to repair the regulation of law will lead him to prison sooner or later.
So what?
Because:
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• The Joint Chambers: Civil, Criminal and Labour and Social Insurance of the ultimate Court of 23 January 2020 ruled that a individual appointed to office at the request of the National Judicial Council formed in accordance with the provisions of the Act of 8 December 2017 amending the Act on the National Judicial Council must not be part of the ruling court.
He can't rule. He can't be a judge.
• The ultimate Administrative Court has serially waived neo-KRS resolutions appointing judges due to the fact that "the present National Judicial Council is not an independent body enough".
• Court of Justice of the European Union
- repeatedly pointed out in his judgments that "the revision of the KRS Act led to the abolition of effective judicial review of the Council's rulings to present to the president requests for appointment of judges, which violates EU law".
- ruled on 21 December 2023 that the questions raised by the SN Extraordinary Control Board did not come from an authority having the position of an independent and impartial court consequently found the questions inadmissible.
He ruled that the home was not a court, as the circumstances of the change in the composition of the KRS in 2017 undermined its independency from the legislative and executive authority, affecting its ability to propose independent and impartial candidates for judicial positions in the SN.
The home of Extraordinary Control is not a court.
• The European Court of Human Rights has repeatedly ruled that the National Judicial Council is functioning in a way contrary to the European Convention on Human Rights.
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All the authorities of the state president, parliament, government, courts, offices and citizens must respect, and so comply with the decisions of the courts and tribunals, this must be immediately:
1. dismiss judges in the National Judicial Board
2. All appointments of the judges from the neo-KRS advice were considered as outstanding.
The problem of lawlessness is over.
Who's gonna do it and what happens next?
I am a small beetle so I have no idea, but this is the only operation that will destruct lawlessness and let slow rebuilding the regulation of law in Poland.
I think there's any very competent people in this country with balls.
One more time: only extremist surgery can get free of cancer. Multivitamin on cancer will aid like syphilis powder.
PS That doesn't mean the neojudges aren't judges, that means they're not a judge. They can't rule.
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