Judge Zbigniew Kapiński: “The justice appointed by the president is simply a judge”

angora24.pl 9 months ago

Kapinski in tv Republic

Zbigniew Kapiński was a associate of the ruling lineup who recognized the legality of Prosecutor Dariusz Barski as the National Prosecutor. At present, after 30 years of work, this justice is referred to by government supporters as a ‘dresser’, ‘neossier’ and ‘usurper in toga’. Kapinski besides did not make much media coverage. Today, however, it appears regularly.

In an interview with the “Republic”, the justice explained that he thought it logical that Dariusz Barski served as the National Prosecutor. Regarding the position of prosecutor Dariusz Korneluk, he pointed out that the ultimate Court Criminal Chamber had not yet commented on the matter. He recalled that the composition of the court was led by justice Wiesław Kozielewicz, and included besides the judges Laskowski and Matras, who are besides members of the codification committee. The full lineup is, in his opinion, experienced judges.

Kapinski besides added that he did not feel entitled to talk before the ultimate Court decision.

"Constitutional provisions and case law are clear"

One of the key themes addressed by justice Kapiński was the question of the question of the questioning of the position of fresh judges by part of the judicial community. Kapiński powerfully pointed out that the President's prerogative to appoint judges is unquestionable, and doubts about those appointed after 2018 are unfounded.

He besides noted that in another judicial systems, specified as administrative courts, judges do not competition each other's status, which allows the effective functioning of these institutions. In his opinion, akin normality should besides return to the common courts and the ultimate Court.

Kapiński points to a paradoxical situation in which judges who have previously called for fresh members to be appointed to their configurations are now questioning their status. specified behaviour is judged inconsistent and hard to understand. He wonders what might have affected their change of mind, suggesting that the problem of “not wanting to justice together” may arise from the attitude of judges who effort to exclude fresh colleagues.

“Disdaining People”

Kapiński besides referred to the statements concerning the "ubecko-esbecki" methods utilized in the justification of the ultimate Court resolution. He compared them to the intention to file an act of active regret by judges appointed after 2017, from which the ministry of justice slow withdraws.

He pointed out that it was these services, erstwhile they wanted to break individual or compromise them, that forced them to sign a circumstantial message to have compromising information on them.

This is truly serious. I said it clearly today. I believe that a justice who would sign specified a loyalty loses independency and independence He said. – It's humiliating, humiliating. If there's an thought in the judge's head to give the another justice specified a fate, where is the independency of those judges who are able to offer specified a thing? What's driving specified people? I think if any justice signed specified a loyalty, it disqualifies him.

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