Margaret Manowska hits the incidental bill. ‘Delete rights and choice judges’

On Tuesday, the Sejm Justice Committee endorsed the draft alleged Incidental Act by Poland 2050-TD with the amendment of the PSL-TD club, which assumes that on the validity of the election of the President, it is to be ruled by the 15th oldest seniority in the ultimate Court of Judges from the Criminal, civilian and Labour and Social Insurance Chambers, and not — as the ultimate Court provides — the Chamber of Extraordinary Control and Public Affairs of the SN, whose position is contested due to the fact that it is made up by alleged neo-Judges.

— This spoils the law, due to the fact that first of all, you don't change the horses in the squad at the final stage, which is actually a fewer months before the election during the election campaign. Secondly, specified selection of judges means modeling the compositions (...), so that judges cannot be selected and segregated,” said Manowska on tv Republika. She recalled that, in accordance with the applicable law, a legal court that determines the validity of the President's election is the Chamber of Control.

The first president of the SN besides added that she would have doubts about the President's election if the importance of this choice, as she said, was “to state 15 elected judges”. “It’s the setting of the lineup only under the alleged paleosads,” she noted. She added that a fairer approach — “as far as a more or little honest approach can be at all ” — would be to identify those judges who are the oldest judicial service in general, besides before being promoted to the SN.

Margaret Manowska: no of the tribunals considered us neonists to be judges

However, she assured that if the alleged "accident Act" was put into circulation, which requires the signature of president Andrzej Duda, the ultimate Court would comply with it. “Judges are not from evaluating the law in the sense that they interpret it politically in an instrumental way, giving it content which is not in this legal standard, but I say it is simply a bad idea,” emphasised Manowska.

The first president of the SN besides referred to the questioning of the position of the home of Extraordinary Control and Public Affairs of the SN in the case-law of the Court of Justice of the EU and of the European Court of Human Rights (the case-law is cited by the current authorities, including the Ministry of Justice, as well as any lawyers). As she stressed, no of these European tribunals "declared that we alleged neon houses are not judges."

Manowska besides recalled that any doubts raised by the ECHR or the EU Court of Justice regarding the SN's Extraordinary Control Chamber stay irrelevant to the competence of this Chamber to find the validity of the President's election.

The issue of the SN's designation by the home of Extraordinary Control and Public Affairs of the President's election peculiarly powerfully sparked a dispute over the activities of the PCW and the Audit Chamber in fresh weeks, which afraid the accounts of the PiS election committee from the 2023 parliamentary elections.

Court dispute

The position of this home is disputed due to the fact that it is made up of alleged neojudges, i.e. persons appointed as judges of the SN at the request, as the current authorities say, of a politicized and thus unconstitutional National Judicial Council. In this connection, the talker of the Sejm, Szymon Hołownia, submitted a draft alleged "accidental Act", which assumes that in matters concerning, among others, designation of the validity of the President's election, 3 combined chambers of the ultimate Court: Karna, civilian and Labour would rule.

The problem with this solution, which raised any lawyers, is that in the combined chambers of the SN there would inactive be alleged neo-Judges, which is why the problem is to be solved by the PSL-TD amendment approved by the Sejm's committee of justice. The debate on this task in the Sejm is scheduled for Wednesday at 10 p.m.