Małgorzata Manowska, the first president of the ultimate Court, powerfully criticized the government's proposals on the position of judges appointed after 2017, claiming that they constitute “an attack on the independency of the judiciary.” Manowska expressed her outrage in an authoritative statement, comparing the planned changes to repression from the martial law period.
The criticism concerns the assumptions of the bill which Prime Minister Donald Tusk and Minister of Justice Adam Bodnar presented after gathering with legal representatives. The proposals include a breakdown of the alleged neo-judges into 3 groups, any of which are to be withdrawn and any judges may be held disciplinary. It is besides planned to set up verification commissions to check nominations.
According to Manowska, the announced actions are "dramatic disciplinary and criminal sanctions" against judges who have undergone a "law-defined promotion procedure". The president of the SN warns that they may contact over 3,000 judges. She compared these actions to the repression of judges in martial law, adding that their goal was to intimidate and humiliate judges.
Manowska on allegations against the government
The first president of SN – Małgorzata Manowska – besides referred to the institution of alleged self-criticism, which, in her opinion, resembles the methods utilized during the period of Stalin's terror. She stressed that the announcements of the creation of the verification commissions were a "disgrace" due to the fact that even judges accused of judicial crimes in the times of the Polish People's Republic did not receive specified harsh assessments.
Manowska accused Prime Minister Tusk of supporting "the shameful proposals of persecution and humiliation of judges". She besides pointed out that the planned amendments constituted a "grossing violation of the rule of division of authorities and the independency of courts".
Appeal for the Protection of the independency of the Courts
In Manowska's opinion, the Polish justice strategy has been under large political force for a long time. For this reason, she called on all actors with legislative initiatives to take action to end the conflict around the independency of the judiciary. She stressed that the judicial community must actively participate in the dialog on changes in the judiciary.
Response by the Prime Minister and the Minister of Justice
Prime Minister Donald Tusk and Minister of Justice Adam Bodnar presented a draft of changes after gathering with legal representatives, including the president of the Association of Polish Judges “Iustitia” and the Association of Prosecutors “Lex Super Omnia”. Tusk stressed that the proposals presented were an crucial step in the "re-establishment of the regulation of law" in Poland. In his view, reforms even requiring breaking law are necessary to improve the efficiency of justice and to facilitate citizens' access to courts.
Read more: Prof. Piotrowski: Government breaks the rule of the independency of judges
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