A dispute that has lasted for years
The ultimate Court, as 1 of the key bodies in the state, has been facing a dispute over the position of any judges for respective years. This dispute concerns judges appointed with the engagement of the National Judicial Council, which was reformed by the Law and Justices in 2017 and became more politicised.
The legality of this improvement is questioned, among others, by the European Court of Human Rights and the EU Court of Justice.
The Prime Minister's decision to countersign the President's order, which establishes a neojudge liable for the election of a fresh president of the civilian Chamber of the ultimate Court, means that only neojudges will be able to elect a fresh President. As a result, for the next 3 years, the Chamber will be headed by a individual whose appointment is considered defective by both the European courts and by legal judges of the ultimate Court.
The order was published in the Polish Monitor, which is equivalent to the fact that it yet entered into force.
Photo XThe betrayal of the judges?
The situation is widely commented upon. It is mainly assessed negatively. As Krzysztof Markiewicz of Austria stated, the judges of the ultimate Court are shocked and feel betrayed. justice Włodzimierz Wróbel made the order available on social media.
When politicians seized the ultimate Court, the president pointed out the commissioner from among the neo-judges to vote for Prof. M. Manowska, who he saw as First president of the SN. For the validity of president Duda's decision, the consent of the Prime Minister, M. Morawiecki, was needed. Of course, there was no problem with that consent.
But to have the same maneuver today, the Prime Minister of the current government signed by allowing the political denominations of the erstwhile power to keep control of 1 of the most crucial parts of the ultimate Court? – we can read on the authoritative profile of Włodzimierz Sparrow.
Judge Krystian Markiewicz, president of the Association "Iustitia", expressed surprise at the Prime Minister's decision to appoint a neo-judge to the position in the civilian Chamber of the ultimate Court. He believes that this decision may let for the re-election of the neo-judge as president of the civilian Chamber, which, according to him, perpetuates pathologies in the ultimate Court.
Civil home judges who previously blocked the President's election are confused and feel betrayed due to the fact that the Prime Minister's decision was unexpected and was not consulted. Markevich expresses hope for fast talks between the government and the judges.
I don't like this p.m. decision very much. – said Prof. Ewa Łętowska, justice of the Constitutional Court and ultimate Administrative Court at rest. – Or rather, it is unwise. Or it was any kind of political market, I don't even want to wonder what it was. Only then we are talking about pure politics, not controlled by the regulation of law. Or individual missed something, neglected to see who the president was calling, which in itself is regrettable.
