Almost 50-50.
The panel of lawyers analysed by the “Rzeczpospolita” shows an almost equal division of opinions. 48% of respondents advocated withdrawing judges promoted after 2018 to earlier positions and bringing them to disciplinary responsibility, while 47% do not support specified actions.
Journalists asked experts to measure the proposals of the Ministry of Justice concerning the alleged neojudges. This discussion concerns the wider problem of the regulation of law and the independency of courts in Poland.
Lawyers show peculiar interest in the issue of young judges who have been appointed to their posts after an evaluation by the fresh National Judicial Council. In this group, as many as 91% of panel participants stated that they should be treated as judges appointed in accordance with the Constitution.
Sentences for which we will pay dearly
According to the reports of the TOK FM Radio Service, the first settlements were held before the European Court of Human Rights in Strasbourg in cases where alleged neo-judges ruled. The portal tokfm.pl, citing the Ministry of Justice, reported that more than 300 complaints concerning judgments given by those judges who participated in the promotion procedure before the National Judicial Council, established under the Act of 8 December 2017.
Deputy Minister of Justice Dariusz Mazur confirmed that settlements have already been concluded in the first cases before ETPCz, but their details are confidential for the time being. It is unofficially known that Poland agrees to pay a alleged right compensation of respective 1000 euro in each case.
In an interview with TOK FM Dariusz Mazur explained:
For us, the situation is unopposed. We are not questioning that there has been a violation of the right to a fair trial before an independent and impartial court in connection with the respective years' disorganization of the judiciary in our country, for erstwhile power. Therefore, the conclusion of the settlement is the most sensible solution for Poland – the fastest and at the same time 1 which exposes the Polish State to little losses.
At present, settlements are made in cases concerning judgments handed down by ultimate Court judges whose position has already been challenged in another judgments of the European Court of Human Rights.
