The lawyer General Waldemar Żurek called for the cessation of the ruling of judges appointed in a faulty procedure in the ultimate Court.
It was stressed that Poland bears serious financial consequences for the ruling of incorrectly appointed judges, including millions of compensation payments following ECHR judgments.
The change in the way the members of the National Judicial Council are appointed in 2017 raises controversy and leads to disputes over the regulation of law and the independency of courts.
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"The lawyer General Waldemar Żurek has issued calls for cessation of infringements, directing them both to the Chamber of Extraordinary Control and Public Affairs of the ultimate Court, without constitutional authority, and to persons performing judicial duties in the ultimate Court as a consequence of a defective nomination procedure conducted with the participation of the National Judicial Council, shaped in violation of constitutional standards, in a way that enables the legislative and executive authority to influence its actions," says PG Proc. Anna Adamiak.
As stressed, Waldemar Żurek called on those performing judicial tasks in the home of Extraordinary Control and Public Affairs to halt them, bearing in head "negative effects of the House’s activities – in particular, the ruling by the compositions which do not warrant an independent and impartial court and the expanding financial burden on society."
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"At the same time (Waldemar Żurek – ed.) pointed out the anticipation of Poland seeking reimbursement of sums paid for compensation from those whose actions led to their conviction and payment", the Communication states.
As noted in the Advocate General’s opinion, the creation of peculiar chambers in the SN and the appointment of judges in a procedure that does not meet constitutional requirements in connection with the participation of the KRS formed after 2017 lead to "fundamental defect the administration of justice by these chambers and the compositions in which they operate."
According to the Communication, the introduction to the Polish judiciary of the home of Extraordinary Control and Public Affairs of the SN and the Disciplinary Chamber of the SN – "the authorities violating the right to court established by the Act and ruling in them by defective judges, has become the subject of many complaints to the European Court of Human Rights’.
‘The rulings before the Court, which state that the organization is in breach of the right to an impartial court, oblige Poland to payment of compensation judged in these cases. These amounts, already counted in million PLN, were paid by the Government of the Republic of Poland, and additionally awaits about a 1000 further complaints, which exposes you to further serious financial consequences" - we read.
The Communication points out that the task of the prosecution, and in peculiar the lawyer General, is to stand defender Rule of Law and act in the public interest. It was stressed that the right to a fair and open proceeding by an independent court, impartial and established by the law is 1 of the fundamental rights of the person. It is enshrined in the Constitution, the European Convention on Human Rights and is recognised in Article 6(3) of the Treaty on European Union as a general rule of EU law.
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Earlier on Tuesday, on page X, MS Deputy Chief Dariusz Mazur wrote that Waldemar Żurek "sought a letter to incorrectly appointed judges in the ultimate Court to refrain from further ruling and not make further compensation".
"Poland pays millions of compensations for lost cases before the European Court of Human Rights – this is the consequence of misjudged judges in the SN. It is so essential to halt immediately the actions of those appointed in non-constitutional procedure and restoring the regulation of law standards. These costs are borne, through the Treasury, by all of us, taxpayers, citizens," the Deputy Minister stressed.
He added that "the jurisprudence of the TEU, the ECHR and the resolution of the SN of 2020 clearly show that judges appointed with the engagement of the KRS formed after 2017 do not warrant independency from politicians". "Contributions involving them cannot be regarded as courts within the meaning of European and national law," he said.
‘This means that the actions taken by specified persons do not fall within the exercise of judicial authority, exposing the Treasury to payment of compensation, and the parties to reopen proceedings" added Mazur.
On Thursday, Żurek appointed a squad of prosecutors for cases concerning alleged neo-judges in the SN and the ultimate Administrative Court and announced regress lawsuits. He stressed that the people appointed in the defective procedure posed a hazard of compensation for the State.
The dispute concerning the KRS and the alleged neo-judges selected in the procedure is linked to the amendment of the Council Act in December 2017, according to which 15 judges-members of the KRS have been elected by the Sejm since 2018, although they were previously elected by the judiciary.
The 2017 amendment became the reason for the opposition of the time, and by the current rulings, the allegations of politicising the KRS and questioning the position of persons appointed to the office of justice with the participation of specified a shaped KRS. The flaws in the selection of judges with the current KRS have besides pointed out in fresh years the rulings of the European Courts, the EU Courts and the ECHR.
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