NEWS

31/10/2017

17:05

Ministry of Justice: Candidates for Judicial Assessors Presented to the National Council of the Judiciary Met All Formal Legal Requirements

Michał Olech

MS: Candidates for Judicial Assessors Presented to the National Council of the Judiciary Met All Formal Legal Requirements - In response to accusations by the National Council of the Judiciary, the Ministry of Justice firmly states that the candidates for judicial assessors presented to the National Council of the Judiciary have met all formal legal requirements, and the documents confirming this have been fully provided to the Council. There were no omissions or errors in the files - the ministry announced in a statement. As written:
"The receipt of complete documentation was confirmed on October 18, 2017, in a statement to the Polish Press Agency by KRS spokesperson Waldemar Żurek, who today, contrary to the truth, speaks of alleged omissions. The Ministry of Justice also points out that in case of missing documents - according to Article 33 of the Act on the National Council of the Judiciary - the KRS should 'request the personal appearance of the participant in the proceedings or the submission of written explanations by them, as well as the completion of case materials.' However, this was not done. Making decisions that prevent assessors from taking up judicial duties due to alleged lack of documents is ruining the careers of young lawyers who have dedicated many years to their education and passed the most difficult exams. To negate their life's path due to allegedly invalid health certificates is unfair and harmful. Especially since this accusation is untrue. Certificates issued at the time of commencing studies are legally valid. This is because, in the case of candidates for judicial assessors, the legislator has explicitly stated that it is sufficient for the candidate to demonstrate their ability to perform judicial duties at the time of commencing judicial training. Every candidate has met this requirement."
- It is also untrue, as the KRS claims, that the trainees' files lacked certificates of completion of judicial training. The exceptional ill will of the KRS is also evidenced by the fact that the National Council of the Judiciary considered it a formal error that in one case, the document related to the choice of position was signed by the trainee's mother, not by him. The Council omitted the fact that the trainee had granted his mother power of attorney, thus she acted legally - the Ministry of Justice stated.

Michał Olech