The president refused to nominate 46 judges. I presume it fell like a lightning bolt to the full environment...
I'm certain that was a large surprise, especially since the president was highly vague about the reasons for his decision. He did not give any names or circumstantial reasons for refusing to nominate them. Imagine that it is the justice who gives the judgement with specified vague reasons.
Who could president Nawrocki mean?
We do not know whether it could have been young judges or applications for appointment, for example, from the times of president Duda. We only hear voices from the President's Chancellery that we will find out everything erstwhile the Prime Minister's Office publishes the list.
It's kind of like waving a baton at all: we refused to nominate, and now you gotta print it. In all the mess we've got in the judiciary, the president's decision is to add fuel to the fire.
We know this is about "judges who question constitutional order."
That's an arbitrary assessment by the president. The president does not state what was behind it, and 1 may be afraid that it is purely political considerations. It seems that people who, in the opinion of the President, "question the constitutional order" are independent judges, or individuals who, in the present situation, would not choose to stand for promotion before the unconstitutional National Judicial Council.
However, if it were the young people – due to the fact that I repeat, we do not know the list of names at this point – in my opinion it would be highly low and it would only show that the president wants to convey clearly to the Minister of Justice and to the full independent judiciary: If you "jump", you will see – there will be no nominations at all, even for young people.
It's surely not a behaviour 1 can anticipate from the head of the state.
It's not like we want to bet on the banners. We do not know who they are, to what degree they have failed to apply for a better professional position during the procedure before the neo-KRS. But let us not act so that to the fire, which has already been decently destroyed by the full judiciary, we will add to the President's decisions, which will exacerbate chaos.
What do you think just happened?
We are in a situation where 2 projects of the Ministry of Justice should be placed on the President's desk in a moment, which actually order the situation in Polish courts and give citizens assurance that their case will be examined by a actual judge, and his conviction will not be lifted.
The proposals are truly balanced and compromise – because, believe me, for many judges defending independency hard to "eat" is that neo-judges who have been tempted to make an easy unlawful promotion in the name of their own career, are to stay in the profession.
Thus, on the part of the judges or the Ministry of Justice, it is simply a willingness to talk in a compromise speech and in a sense of work for Poland and its citizens who bring their affairs to the courts.
No 1 – neither the Ministry of Justice nor the judiciary – excludes talking to the president due to the fact that everyone feels liable for the state. And we have the impression that from Karol Nawrocki this work for the state remains in this regard, so far in the sphere of declaration and that there are no constructive actions following it, which could truly free Poles from the chaos in Polish courts.
We have a war on the President's Office-President's Chancellery. Why is there another installment of this political spectacle?
One might have the impression that refusal to nominate is intended to strengthen people's belief that judicial appointments are truly the President's power independent of any another circumstances.
Charles Nawrocki is saying, "Look, I truly do have the right to do this, to show my finger who can be a judge. I besides have the right to say that this and this justice will never be. That all your European tribunals and the highest courts are truly irrelevant compared to my authority. The point is to emphasise the importance of the fact that the president has the power to decide this.
And that is very dangerous in a democratic state, due to the fact that it violates the rule that executive, legislative and judicial authorities balance each other. Karol Nawrocki wants to show that he is in control of the judiciary.
It seems that the president besides ignores that before the European Court of Human Rights we already have cases concerning erstwhile refusals from president Duda. And for this minute Poland can pay compensation.
The effect of fear of the actions of Minister Waldemar Żurek?
It crossed my head that this refusal to nominate 46 judges remains in connection with the decisive action on the part of the Ministry of Justice. possibly in the belief of president Nawrocki, something had to be done that would origin Minister Żurek to hesitate now, turn around and halt doing what he is doing.
46 judges is simply a lot.
That's a lot. To date, refusals have been made for smaller groups. What's more, the environment knew what these people could've done to the president. Now we know nothing. I think it's not without a code.
Why?
Ordinary people don't care who they are. It's hard for them to realize what's going on with neo-judges. Sometimes they think it's just an invention of impenetrable judges. They don't believe that it's a substance of concern for their rights. Karol Nawrocki most likely knows that very well. The message that the president has just released is expected to show that here the president is yet dealing with "bad" judges.
We will think, exercise, present our projects, take care of global decisions and standards. But we're the troublemakers. In specified a black and white narrative, it is easier for people to realize that judges are "bad". And that the president would make a deal with them. I think it's all for that.
Paradoxically, no 1 will pay attention to the fact that this is the disadvantage of the citizen.
What phase of his decision are we politically entering?
I feel like we're waking up in a fresh reality. Yesterday, the day before yesterday, we hoped that our statements, the positions of professors were able to tell the president about what Poles and on their own may benefit from, for example, signing a bill that would decently nominate judges. We thought that possibly any reasonable arguments had reached him.
Today is November 12 and it turns out that we are dealing with a fresh quality in these battles. And I have the feeling that no 1 here matters to a simple man. No 1 looks at people who have cases in court and don't know what's going to happen to them, they feel a mess.
As far as justice is concerned, Poland has late been fortunate to specified presidents who, in the judicial dimension, bring incredible chaos.
Let me ask you another question. Is there anything in the president's message that got you most attention?
I don't have a speech anymore. Not a word from the president can scare me. But remember, the judges are people who have had years of specified huffing, akin shuffling and akin scaring. Now they're told again that if they don't behave, they won't be promoted for the next 5 years.
If we were truly looking for promotions, by now we would have had to curl our tails and break our spines. It's not truly about promotions.
I truly don't know how much more the judge's community can handle, which has been doing rather well so far and is truly trying to guarantee the independency of the judiciary. They're average people.
And so humanly – how much more can they perceive to the fact that they are "concerning order" professed by any politician? Do they should be heroes again for years and stand on barricades? This is so hard. I believe that this opposition will cease, due to the fact that without independent courts there will be no 1 to defend the average man, erstwhile these or any another politicians consider that he is the 1 who "accepts" in the "only right" political-law order.
