Minister of Justice Waldemar Żurek decided to dismiss another 25 presidents and vice presidents of the courts. "In total, it is already 45 people without office, as announced at the beginning of their office" - indicated the Ministry of Justice communication. Żurek's decision was made despite the fact that the colleagues of the courts issued negative opinions on requests for appeal.
According to Monday's decision of the Minister of Justice Waldemar Żurek 25 Presidents and Vice-Presidents of the Courts were dismissed from his positions. These are people who "participated in promotion procedures before the abnormally shaped National Judicial Council or gave her support", by signing on the lists of candidates for that body.
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According to the Minister, their continued office would undermine the independency of the courts and citizens' assurance in the regulation of law. - I'm sorry. The welfare of justice requires courageous decisions. It is not possible to leave the key positions of those who participated in the politicized promotion procedure before the incorrectly appointed National Judicial Council - argued Żurek.
Żurek dismissed the presidents and vice presidents of the courts despite the negative opinion of the colleges
The presidents and vice presidents lost their positions despite negative opinions of judicial colleges to requests for appeal. The existing rules indicate that in specified a situation Żurek should consult the National Judicial Council, but the Minister considers that this body has lost its independency and is acting against the constitution and global standards.
Defending this decision, the Ministry of Justice argued that The current KRS "was chosen in a manner contrary to the Constitution of Poland and global standards, which undermines its independency and the position of a constitutional body", losing its independency and the position of a constitutional body. As indicated, as a consequence KRS "has been found in relation to legislative authorityj, which accords the rule of the independency of judges".
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"Negative opinions of the court colleges referred to by the appealed presidents and vice presidents came from bodies formed under rules limiting judicial self-government, with The erstwhile Minister of Justice Zbigniew Ziobro appointed members of these colleges to a large extent" - stated in the communication.
The Presidents and Vice Presidents of the Courts are dismissed. MS indicates "conflict of interest"
The Ministry of Justice besides described that In 2020, colleges ceased to be elected by the judges' assemblies. They were replaced by meetings of the Presidents of the Courts, while the power to arbitrarily appoint the Presidents of the Courts was granted to the Minister of Justice. "As a consequence of these changes judicial colleges have ceased to be independent judicial advisory bodies, which violates the constitutional principles of the 3 divisions of power and independency and the separateness of judicial power" - indicated.
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Referring to the appeal of Presidents and Vice-Presidents of the courts, it was besides stated that in their case "we are dealing with a real conflict of interest"which could fundamentally distort the decision-making process." According to the Ministry of Justice, "The NRS in its current, incorrectly shaped composition is incapable to impartially measure whether the continued performance of the function by the appellants can be reconciled with the good of the judiciary".
In fresh weeks, Waldemar Żurek has besides dismissed 20 presidents and vice presidents of the courts with a affirmative opinion of the colleges.
