- The first of the proposed projects, which is termed "statutory", assumes swift action by declaring the appointments of judges after 2018 to be out of force.
- The second project, called the ‘kaeres’, proposes another model. It assumes the verification of judicial appointments by the recently appointed independent National Judicial Board. In the context of reopened competition proceedings, the Council would measure the resolutions adopted by the current KRS and find their effects
- — Finally, something about this case has moved, which I'm glad to hear. However, I believe that these projects should have been consulted earlier with the judiciary, which did not happen,” says Onet justice Morawiec
- The chief of attorneys says he lacked an thought to settle the alleged neojudges. “I am inactive looking for an answer to the question why the authors of these latest draft laws believe that the immaculate nature — required to execute the honorary position of justice and to administer justice to people — will someway “grow back” to those judges appointed after 2018,” says Mr Rosati.
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Head of the Codification Commission Judge Krystian Markiewicz reported that the draft laws concern judges appointed after 2018. The way in which they are set up is contrary to Article 179 of the Constitution, so that the KRS does not make an independent and impartial court established by law.
Why 2 projects? due to the fact that there's no 1 road that leads to 1 goal. This is the choice between fast train and passenger train. We either get there rapidly and efficiently, or by a scenic way with multiple stops. But they both lead to 1 goal — explained Markiewicz.
Two ways to solve the problem of neo-Judges
The Ministry of Justice prepared 2 draft laws aimed at solving the problem of alleged neo-Judges in the Polish judicial system, “Rzeczpospolita”. The first of the proposed projects, which is termed "statutory", assumes swift action by declaring the appointments of judges after 2018 to be out of force. In practice, this would mean that the alleged neo-judges would be demoted to previously held posts, but could service for 2 years on the basis of delegation. This is to prevent abrupt paralysis of the judiciary. This applies to around 1,200 judges who have advanced with the participation of the current National Judicial Council to elder positions. In the case of fresh judges of the ultimate Court and the Chief Administrative Court, the delegation would not be envisaged.
The second project, called the “caeres”, proposes another model. It assumes the verification of judicial appointments by the recently appointed independent National Judicial Board. In the context of the reopened competition proceedings, the Council would measure the resolutions adopted by the current KRS and find their effects. However, this procedure would not affect judges who, before the nomination, were asessors, referees or assistants – their position would be recognised by the Act.
What do lawyers say? ‘Step in the right direction. is, however, certain “but”’
— We are going in the right direction due to the fact that we are breaking the current legal chaos, which is completely incomprehensible to citizens. due to the fact that no 1 will realize why, erstwhile a conviction is handed down by Kowalski, it is simply a good judgment, and erstwhile a conviction is handed down, he is no longer good and crucial — so about the draft laws presented by the Ministry of Justice tells Onet Vice-Chief of Themis Beata Morawiec Association of Judges. “These neo-Judge cases are complicated legal issues, and it is crucial that the citizen is assured that he will be tried by an independent judge. Finally, something about this case has moved, which I'm glad to hear. However, I believe that these projects should have been consulted earlier with the judiciary, which did not happen,” she notes. “ due to the fact that this consultation will only begin now,” says justice Morawiec.
He points out that today, due to the chaos in courts, the time limits for pending trials — especially in the swamped cases of the civilian or employee-insurance departments — could be up to 2 years. “ It is unimaginable that a man waiting for a decision whether he should be entitled, for example, to retire, has to wait so long for the court to decide,” he points out. “That is why we, as a justice environment, had hoped for specified projects much earlier. due to the fact that time is dramatically short. This is due to the fact that the full mess caused by the joyful legislative work of the erstwhile government has caused us to fix for years what they destroyed in the courts," says Vice president Themis.
What about the neojudge settlement? ‘Indefinite nature does not grow back’
The president of the General Bar Council of Przemysław Rosati tells Onet about a good signal for citizens. “There has been a clear signal that decisions made by people appointed by the defective KRS will, however, stay in force, will not be lifted from the vending machine,” he stresses. “It is the people who go to court present that will calm down, due to the fact that this is circumstantial information that shows that there is no hazard of legal chaos in connection with defective judges and the consequences of their judgments,” says NRA president.
He points out that what he lacks in the proposals presented is the deficiency of an thought to settle this group of people who were promoted through the alleged neoKRS and contributed to the demolition of the judiciary.
“The problem that has not been resolved or resolved is the problem of the deficiency of integrity in those who participated in the acceptance of nominations and judicial positions following competitions before the neoKRS,” he points out. “I am inactive looking for an answer to the question why the authors of these latest draft laws believe that the immaculate nature — required to execute the honorary position of justice and to administer justice to people — will someway “grow back” to those judges appointed after 2018,” says Mr Rosati.
