On 6 September 2024, Donald Tusk and the Minister of Justice, prof. Adam Bodnar, held a gathering with a group of lawyers supporting the government. During this meeting, the minister announced that about 900 judges, in order to proceed their work, would be forced into public self-criticism. The Society of "Flority" compares this situation to the methods known from the times of the Polish People's Republic erstwhile judges were besides subjected to political pressure.
In a message by Czesław Nowak, president of the Association “Hodenity”, a comparison was made to the actions of General Wojciech Jaruzelski from the early 1980s. At the time, after the martial law was introduced, the communist authorities ordered the mirrors of the judges who were associated with opposition “Solidarity”. The judges were required to be publically self-criticized, and those who did not agree to these conditions were removed from the profession.
Nowak points out that the current plans for the verification of judges by the Donald Tusk government have amazingly much to do with those actions. Minister Bodnar, like erstwhile Minister Sylwester Zawadzki, is to measure the legality of the work of judges. According to critics, the intent of these actions is to free people who are not loyal to power.
Government response
The legal environment and opposition will surely not be indifferent to the plans of the government. president Andrzej Duda, who had previously defended the independency of the judiciary, will most likely take action to halt this process. A strong consequence is besides expected from the European Union, which has repeatedly criticised Poland for violating the regulation of law.
It is worth recalling that in 1994, the Association of “Future” called for the clearance of justice from judges active in political processes in the Polish People's Republic. The then president of the ultimate Court, Prof. Adam Strzembosz, assured that the judiciary would “purify itself.” Unfortunately, according to Nowak, communist judges are inactive in office.
Questions about the future of justice
In the face of the planned verification of judges, many Poles ask themselves whether this process will actually bring the expected results. Are the government's current actions aimed at reforming the strategy or simply strengthening its control of justice? How will independent lawyers and society react?
Nowak's message besides hinted at the upcoming end of president Duda's word of office. Donald Tusk recalled that the head of state remained 333 days until the end of office. However, questions arose as to whether Tusk was afraid of shortening his word of office if his actions met with social resistance.
Breaking the Constitution or the request for reform? Situation from the times of the Polish People's Republic?
The Society of “Flority” besides draws attention to the issue of the current government's compliance with the Constitution. According to Nowak, both Prime Minister Tusk and Minister Bodnar are breaking the constitution to which they committed themselves at the time of taking their positions. This accusation is peculiarly serious in the context of many years of debates on the regulation of law in Poland.
The current situation poses hard questions to Poland and its legal strategy about the future. Will the verification of the judges announced by Tusk and Bodnar lead to better justice, or will it be another step towards politicising the judiciary? We inactive gotta wait to answer these questions.
C o n i c o n t i o n t i on
On 6.09.24, Donald Tusk and Minister of Justice prof. Adam Bodnar met with a faithful government group of lawyers who, as the Prime Minister stated, helped KO win the election. The Minister of Justice stated that about 900 judges would be obliged to lie down and self-criticize in order to proceed their duties.
We, erstwhile prisoners convicted after the introduction of the war state, know well the judiciary from communist times. We besides remember that General W. Jaruzelski recommended in early 1982 that the Minister of Justice of Sylwester Zawadzki be utilized as a mirror for judges who, after August 1980, joined ‘Solidarity’ to commit self-criticism and if they did not, they would be expelled from justice. Most judges have given in to this pressure. Today, following the example of General W. Jaruzelski, Donald Tusk utilized Minister Bodnar to verify 900 judges who are considered illegal.” We don't know how the judge's community will respond and the public opinion. president Andrzej Duda will not stay indifferent. The opposition will most likely not be silent. We besides look forward to what position the EU and EU courts will take.
For our part, as the Society of ‘Hungliness’, we remind that in April 1994 in the Akwen Hall in the National Commission of ‘Solidarity’ we presented to Prof. Adam Strzembosz our Open Letter in which we, among another things, demanded the removal of judges who participated in the political processes of the PRL from justice. Prof. Adam Strzembosz then declared that “the courts themselves will purify themselves.” Unfortunately, the PRL fossils are inactive in the ultimate Court. Unfortunately, no 1 would listen.
How should present judges presented on 6 September by Prime Minister Donald Tusk and Minister of Justice prof. A. Bodnar be cleared? Will this purification process run as in the war state? We will see how the legal environment, opposition and president Andrzej Duda will respond and social opinion. Yesterday, Prenier Donald Tusk announced that the president had 333 days left. Isn't Donald Tusk afraid that his
Can the word as Prime Minister be shorter?
How much longer will the constitution and the regulation of law in the country be broken? We ask whether Prime Minister Donald Tusk and Minister of Justice Prof. Adam Bodnar have broken their oath to the President's office by accepting nominations from the president of Poland and swearing on the Constitution, which they break almost all day.
We leave it to the Poles to measure and especially independent lawyers.
Czesław Nowak, president of the Association of ‘Food’
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