NEWS

03/12/2019

14:12

Government Expresses Concern Over Judges Undermining Others' Status and Manipulating EU Court Ruling

Michał Olech

- The rule of law is based on independent courts. It is impartial judges, who are subject only to the laws and the Constitution of the Republic of Poland. Undermining the status of judges and the finality of their judgments strikes at the constitutional foundations of the rule of law. It leads to legal chaos in Poland. It causes concern among Poles regarding the validity of court rulings, which resolve several million cases annually - the Government Information Centre announced in a statement, informing about the government's adoption of a position on the situation in the judiciary, submitted by the Minister of Justice.

Therefore, the Council of Ministers expresses concern over the conduct of those judges who, through their public statements and actions, question the status of other judges, thereby manipulating the judgment of the Court of Justice of the European Union issued on November 19 this year. Appeals by some judges to others to refrain from adjudicating are an unprecedented action that infringes upon judicial independence and undermines confidence in the judiciary. The wording of Article 179 of the Constitution of the Republic of Poland clearly states that the act of appointment to the office of judge is not subject to judicial review. Similar conclusions are drawn from the judgment of the Court of Justice of the European Union.

The Council of Ministers holds the position that the basis of the constitutional order in Poland is and must be an independent judiciary based on impartial judges. The negation of judicial impartiality is their undertaking actions that undermine the constitutional order and fit into the context of political disputes.

Ensuring confidence in the judiciary by adopting an apolitical stance, as expressed in Article 178(3) of the Constitution of the Republic of Poland, is one of the most important duties of persons holding judicial office. The Council of Ministers notes with concern some events that occurred during rallies organized by the judges themselves in recent days, particularly the admission of formulating demands of a political nature or using uncensored language that does not align with the standards of public debate.

Courts must be impartial, honest, unbiased, and enjoy unquestionable authority. Poles must regain faith that they go to court for justice and do not wait for it for years. Therefore, the government's intention is to continue reforms aimed at improving the functioning of courts and rebuilding trust in them, guaranteeing judges actual independence from corporate pressure from their own environment, as well as from political pressure.


Michał Olech