Blocking the activities of judicial colleges, which could possibly be opposed to the dismissal of governors, is 1 of the proposals aimed at the fast restructuring of managerial positions in the judiciary.
The current “presidents and vice presidents” of the courts are frequently identified with the alleged camp of good change and included among the “elity” of neo-KRS criminals who have had an authoritative influence over the last 8 years on the cast of personnel positions in the judiciary. Even if the ‘president or vice president’ does not have any connection to this camp, his choice was not usually made with the participation of the judiciary. Consequently, any judges anticipate that the fresh Minister of Justice will besides make changes to the governing positions in the courts.
This could be the first step in the process of restoring self-government in courts – considers Krystian Markiewicz, president of the Association of Polish Judges "Iustitia", who wants to defend the money of criminals who go under the Court due to professional solidarity with neo-Judges.
More about the views of this association we wrote in the article: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 implementation of this plan may, however, face difficulties, as the provisions of the Act lay down a six-year or four-year word of office for the Presidents and Vice-Presidents of the Courts, which represents their formal protection. Therefore, alternate solutions are sought to velocity up this process.
No college, no opinion
In the context of this issue, there is simply a concept of paralysis of judicial colleges. There is concern that these colleges could be an obstacle to the possible appeal process for Presidents and Vice-Presidents, as they are presently exclusively the Presidents of the Courts. The negative position of specified a body would consequence in the request to ask the Minister of Justice for the anticipation to dismiss the head of the National Judicial Council. “However, the current KRS is not the body the constitution refers to,” says Krystian Markiewicz.
In accordance with the applicable rules, the absence of an opinion by the College within 30 days of the presentation by the Ministry of Justice of the intention to dismiss the president or Vice-President shall not prevent their cancellation (see graphics). “Currently, court colleges are made up of only court presidents. Therefore, in the event of simultaneous dismissal of all governors from a given territory or appeal, it would not be de facto a body capable of issuing specified an opinion. In specified a situation, the Minister of Justice would have gained freedom of action after 30 days," explains Krystian Markiewicz. However, he stresses that this is not the authoritative position of the Association of Polish Judges "Iustitia". "In my opinion, this is possible, but the decision will depend on the fresh Minister of Justice. I am not his advisor – added justice Markevich.
Lack of rationality The presented concept of carrying out a circumstantial "cleaning" operation in courts was not met with the approval of constitutionalists with whom discussions were held. – specified an initiative would contradict the rule of rationality of the legislator. The bill was created so that MS could not paralyze the organ through its depersonalization. In addition, the composition of the court college is made up of the Presidents of the courts, so before depersonalising it, it would be essential to remove them from their functions in advance, which would require the opinion of the court college,’ argues Dr hab. Jacek Zalesny, a constitutionalist from the University of Warsaw.
He adds that specified a practice would be any kind of manipulation, which is behind illegal actions concerning the structure of the universal judiciary (i.e. OJ of 2023, item 217 as amended). “I would compare this to a situation where, in a criminal trial, the accused of killing their parents is seeking acquittal, arguing that he is an orphan,” Zaleśny states.
In her deliberations, she points out that there are more adequate and unmistakable constitutional methods for verifying those presently in charge of the courts.
– The Act provides that the president may be dismissed due to gross or persistent failure to discharge his duties. The Ministry of Justice should so establish objective, purely quantitative criteria, specified as the waiting time for a ruling in a given court, the percent of the repealed judgments or the level of turnover of administrative staff, and then measure on the basis of them how the governors fulfil their duties and those who are in problem with it, cancel – explains Dr hab. Jacek Zalesny.
He powerfully opposes the proposal to paralyze 1 of the judicial organs of Dr. Ryszard Piotrowski from the University of Warsaw.
– specified practice would be a clear violation of the law and had nothing to do with the regulation of law. The law sets out circumstantial situations in which the president of the Court may be dismissed. If they do not take place, we should not look for ways to carry out a circumstantial personnel cleaning operation to fill positions with trusted people of the fresh Minister of Justice Piotrowski emphasizes.
He adds that the correction of injustice cannot trust on actions contrary to the law.
Furthermore, according to Ryszard Piotrowski, the simultaneous cancellation of all “presidents” of the courts would only lead to greater chaos in the judicial strategy than at present.
– If the next step was to appoint, one more time without consulting the judiciary, the presidents of the trusted people of the minister, I would be against it. At the same time, however, we cannot abstrate from the fact that the courts have been so concrete that there may be no another way than to hotel to specified tricks. – emphasizes Prof. Gutowski.
He besides added that if, after specified an appeal, fresh governors were elected as part of a process in which the environment would be active (for example, by appointing candidates by a general assembly, among which the minister would make a choice), this procedure could be considered to be in line with the recommendations of the European Courts.
– They recognise that the main problem in our country with the regulation of law is that politicians have besides many opportunities to interfere with the judiciary. So if MS were to effort to reconstruct the mechanisms guaranteeing the 3 divisions of the authorities in this way, in my opinion it would be justified to usage the gate which the legislator left behind – says Prof. Gutowski.
This is from
There is simply a gate that can trigger a individual tsunami in the courts occupied by neojudges:
