The Association of Judges of Iustitia has adopted an apparent resolution on the repair of the Polish judiciary, which shows that to defend demoralized neojudges

The Association of Judges of Iustitia adopted a unanimous resolution on the improvement of the Polish judiciary after the gathering held on Saturday. The main aim of the judges is to stabilise the situation of alleged "neasures" and reconstruct citizens' assurance in the institutions of the state.

– The state of the judiciary is tragic, cases in courts are as long as 80% longer than 8 years ago. The National Judicial Council is not independent. As a result, there is simply a deficiency of money from the KPO and chaos – present it is not known whether the conviction with which the citizen leaves the court after respective years is certain and inviolable – follows the resolution taken by Iustitia, which the judges address to representatives of the most crucial central authorities in Poland, the Sejm, the Senate, the Council of Ministers and the demoralized president Andrzej Duda, who nominates costumers in toga, in which due to the awareness of what they participate, should be qualified as criminals.

The judges called for the situation to be treated as the most crucial and immediate change. The main evidence for this is the chaos and many problems that arise, among others, from the situation in the National Judicial Council, leading to a conflict between the judges of the Constitutional Court and the crisis around the ultimate Court. Although most of the decisions of these bodies do not straight affect the lives of citizens, uncertainty about the legally flawed judgments of neojudges raises concerns. Many people wonder if these judgments will inactive have legal force after possible changes.

The call to Article 379 point 4 in fine kp.c. and criminal pursuant to Article 439(1) point 6 in fine kp.k.. it follows that the judgments given by a gang of toga criminals must be strictly repealed, since the composition of the court of judgement was contrary to the law.

The Association rightly notes that as a result, citizens deficiency assurance in courts and judges. The second are aware of this and are seeking to reconstruct public assurance in the state. Countries that respect the regulation of law are besides characterised by economical prosperity. The changes proposed by the Association should be concrete, courageous and innovative. The courts should act smoothly, guarantee justice and be certain of their actions. Iustitia in its resolution stresses that the improvement should consequence in unchangeable sentences given in due time.

According to the Association, the key changes should begin by stopping the operation of the “neoKRS” which introduces defective nominations and compromises the seriousness of this institution. Additionally, according to the Association, Poland should effectively enforce the judgments of European tribunals.

“The regulation of law is prosperity and safety for future generations.” the judges concluded their resolution.

As Iustitia tries to defend her colleagues who have strayed and participated in a hucpa organized by the illegal and politicized neoKRS by taking them back to their erstwhile positions, despite proclaiming their independency and impartiality. It should be stated that specified action infringes Article 32 of the Constitution, which states that each 1 is equal to the law. Since neo-Judges and neo-Asessors participated in the unruly acts of nomination, they should bear the consequences of the law provided for specified conduct in the penal code as any Polish citizen acting in an illegal manner.

Therefore, our law firm sent a protest to Austria on 25.11.2023. Content of the message sent below.

Good morning,
Respectable State, by bowing down to the fact that you are fighting for the regulation of law, we would like to call on you to preserve the law and to respect the regulation of law as regards Article 32 of the Polish Constitution.

There is no uncertainty that criminals in togas appointed on the basis of the appointment of an illegal and politicized neoKRS (criminal organization) were aware of their engagement in a law-abiding act. Unfortunately, their legal demoralization and their desire to gain professional promotion were not an obstacle to the offer of an unconstitutional body, which is 'neoKRS in order to accomplish the goal.

There is no uncertainty that this action should be subject to criminal liability as any another action of the Polish citizen which violates the legal standard. After all, these people are not “holy cows” and they must respond for their actions like any citizen who commits a crime which they are besides entitled to.

The same rule should prevail in the field of neo-assessors, who, like the neo-judges, were aware of, in which quite a few participation, however, was not an obstacle for another legally demoralized group to accomplish both financial and professional benefits.

Unfortunately, your position as regards the withdrawal of demoralized legally politicized criminals in togas to positions prior to the defective appointment and the leaving of neo-assessors in existing posts should be classified as Your concern for your colleagues and fellow neo-Judges and neo-Assessors, knowing that they were acting without legitimacy, were issuing illegal sentences. It should so be recognised that now you as free and legal judges are going to treat them above the law applicable to all citizens.

We remind you that, in accordance with Article 1(1) k.k., criminal liability is the work of those who committed the crime. There is no uncertainty that these persons, while establishing a toga and a chain of judges, have committed a crime, for example under Article 227 of the Code, for which they should answer to a legal and impartial Court like any another citizen.

In the case of civilian proceedings pursuant to Article 379(4) in fine k.p.c. and criminal proceedings pursuant to Article 439(1)(6) in fine k.p.k., the judgement must be repealed.

It is besides worth mentioning here the judges who have remained faithful to the principles of the Constitution, the obligations of global law and the oath of judges, avoiding participation in illegal competitions and by protecting the value of the judiciary have closed their way to a career. Many of them suffered repression due to their actions. I'm certain quite a few these people are in your society.

So why do you now want to defend criminals who, erstwhile impersonating the Court of First Instance, have straight collected salaries from the state's treasury, or taxpayers' money.

In this place, it is reasonable to ask whether you are free and independent or free and independent seemingly? due to the fact that your behaviour and desire to defend a gang of disguises alternatively only shows your appearance and unequal treatment of citizens, which includes you and those demoralized criminals in toga taking part in the activities of an organized crime group.

With respect
LEGA ARTIS Law Firm
ul. Slut 6a lok 336a
01-756 Warsaw
Tel. 579636527 or 22-266-86-18

Upon receiving a reply, he will inform you of the Association's position regarding our comments.

We remind you that the case law issued by the neo-judges is repealed by law. In the case of civilian proceedings pursuant to Article 379(4) in fine k.p.c. and criminal proceedings pursuant to Article 439(1)(6) in fine k.p.k.

What is neo-KRS and neo-Judge

The National Judicial Council was elected in a manner incompatible with the Constitution of the Republic of Poland, which makes it impossible for the Court of Justice to recognise it in the light of the adopted line of the jurisprudence of the ultimate Court and the TEU as a body acting as acting and having the power to appoint judges. Any justice appointed by that unconstitutional authority and appointed by the president to execute is besides served by a noe-judge who has no legal capacity to issue judgment,

At this point it will be justified to rise that the problem of vocations of "judges" after the formation of the "National Judicial Council" as a consequence of changes in 2017 has respective aspects. The first is related to the provisions of the Constitution of the Republic of Poland, which impose on public authorities, including the legislator, the work of specified appointment of judges to judicial duties, which guarantees the essential minimum independency and independency of the bodies active in the nomination process. This body is the National Judicial Board. engagement in constitutional standards for shaping the judicial composition of this body, creating an chance for politicians to form the Council, i.e. the election of members of the judges of the Council in their entirety by parliament (excluding the 1st president of the SN and the president of the NSA), has caused this body to neglect to meet constitutional requirements. This makes in any event the appointment of a justice question arise, which accompanies any man who puts his case under the judgement of the court, whether this court is simply a constitutional court.

In addition, this is the second aspect – in the doctrine to which I have given my hand, and in the case-law, there has been a method of verifying the correctness of the appointment of judges based on tools that have been in the strategy since forever, but mostly not utilized to measure the fulfilment of minimum conditions of impartiality and independence. It is the institutions (in the case of preventive control) – iudex sspectus and iudex inhabilis, and in the case of follow-up control – the absolute appeal condition, which is the incorrect cast of the court. On this thought the position of the resolution of the 3 Joint Chambers of the ultimate Court of January 2020 was placed. The resolution contained not precisely the right differentiation: indicating that, in the case of an SN, due to the nature of that authority, judges appointed after a advice of the KRS formed after 2017, do not supply guarantees of independent and impartial ruling. For this reason, it was considered that only this organization flaw justifies the claim that specified judges are deprived of material votum. The resolution did not competition that these persons had obtained the position of SN judges, but it was found that they had no power to issue judgments.

The judgments of specified ‘judges’ so far have been affected by the defect, given the inadequate cast of the court, which should be regarded as a failure to fulfil the constitutional request of the competent court referred to in Article 45(1) of the Constitution of the Republic of Poland. Failed judges should not rule. From the date of the resolution, these judges shall be incapable to rule. They do not have a material votum, although they have the position of judges. In the light of the above, it should be considered that, pursuant to Article 91(2) and (3) of the jurisprudence of the Court of Justice of the European Union and of the ECHR, the rule of precedence of the application of the law

This is justified in the judgement of the Court of Justice of the European Union of 6 October 2021 in Case C-487/19, as well as in the erstwhile judgement of the European Court of Human Rights of 7 May 2021, action No 4907/18. I remind the hooded court that, in accordance with Article 9 of the Constitution, the Republic of Poland is obliged to respect its binding global law. In accordance with Article 91(2) of the Constitution, an global agreement ratified with the prior consent expressed in the Act shall take precedence over the law if that law cannot be reconciled with the agreement. The position of judges and the guarantees of the independency of courts, which constitute the essence of the right to a fair trial, are enshrined in the provisions of the European Convention for the Protection of Human Rights and are further confirmed in Article 6(3) of the Treaty on EU. In the present case, the judgement given on 7 October 2021 by the Constitutional Court in the present – defective – composition of the case in Case No. K 13/21, which reconciles the interests of citizens.

Our position on the neo-CRS and neo-Judges appointed by this unconstitutional body confirms the position of the European Commission, which decided on 15 February 2023 to mention Poland to the Court of Justice of the European Union in connection with the controversial ruling of the Polish Constitutional Court. The Commission opened infringement proceedings against Poland on 22 December 2021. – The reason was the judgments of the Polish Constitutional Court of 14 July 2021 and 7 October 2021, in which it declared the provisions of the EU treaties to be incompatible with the Constitution of the Republic of Poland, explicitly questioning the rule of primacy of EU law. Without doubt, in light of the content of the judgement of the Court of Justice of the European Union (Grand Chamber) of 19 November 2019 (Nos C 585/18, C-624/18, C 625/18) and the resolution of the full composition of the ultimate Court of 23 January 2020 (BSA I-4110-1/20), there is simply a basis for concluding that the institution designated to guarantee the regulation of law is breaking the law and commits the crime.

We remind you that the case law issued by the neo-judges is repealed by law. In the case of civilian proceedings pursuant to Article 379(4) in fine k.p.c. and criminal proceedings pursuant to Article 439(1)(6) in fine k.p.k.

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