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12/17/2019

07:29

Tuesday's Political Agenda: Senate and Government Sessions, President Duda at December '70 Commemorations in Szczecin, PM Morawiecki Meets Business Leaders, Tusk in Wrocław

Tuesday marks the first day of the Senate session, which will commence at 11:00. Earlier, at 10:40, a briefing by Marshal Tomasz Grodzki is scheduled. Senators will address, among other issues, the amendment to the budget-related law for 2019, changes to the fund for persons with disabilities (concerning the financing of the 13th pension), and will also elect new members to the National Judicial Council (KRS).

At 10:00, a Council of Ministers session will begin. The government will discuss, among other matters, amendments to the Code of Civil Procedure and building law. Prime Minister Mateusz Morawiecki will participate in a meeting of government representatives and entrepreneurs. The Head of Government's participation in a plenary session is scheduled for 16:00, followed by a press briefing at 18:00.

At noon, the Verification Commission will announce its decision regarding the property at Dąbrowskiego 18. At 11:45, President Andrzej Duda will attend the commemoration of the 49th anniversary of the December '70 events in Szczecin, and at 15:00 in Warsaw, he will attend a holiday meeting with soldiers, veterans, and their families.






At 18:00 in Wrocław, a literary meeting will take place with the former President of the European Council, and currently the EPP President, Donald Tusk.






08:04

Karczewski on Grodzki: I Expected a High Standard, Political Culture, Personal Culture
"I remained silent for the entire month, I said nothing, because I was observing and waiting to see how Marshal Tomasz Grodzki would function, what words he would use. This kind of name-calling, which he also directed at me, is completely foreign to me. I expected a high standard, political culture, and personal culture as well, from a professor, a doctor, who should show empathy," said the Deputy Marshal of the Senate, Stanisław Karczewski, on Radio Jedynka.

08:04

Bodnar:

If judges speak up in defense of judicial independence, it is entirely permissible

- The principle, when it comes to human rights standards, is this: When it comes to defending the rule of law and the independence of the judiciary, judges have the right to speak out and cannot be punished for it - Adam Bodnar stated in an interview with Piotr Witwicki on Polsat News' "Graffiti".

- The Constitution states that one cannot engage in activities that are incompatible with the dignity of office. If judges speak up in defense of judicial independence and the independence of the judiciary, then this is precisely speaking up in defense of constitutional values and is permissible. There are various standards on this matter, and there have been rulings by international courts - he added.


08:04

Karczewski:

Grodzki's Promises from the Address Are Not Being Fulfilled; The Senate Chancellery is Highly Politicized and Engaged in Extremely Partisan Activity

"The announcements made by Marshal Grodzki during his address, following his election to this office, are practically not being implemented. Currently, there is significant political activity, an extremely politicized Senate Chancellery, and extremely politicized activities" - said the Deputy Marshal of the Senate, Stanisław Karczewski, on Jedynka radio.


08:16

Bodnar:

We're Forgetting the Root Cause of This Entire Discussion. We Have an Unenforced ECJ Judgment, a Deep Rule of Law Crisis in Poland, and Persecution of Judges Through Disciplinary Proceedings
- Isn't this deflecting the discussion in a direction that leads us to debate the limits of judges' involvement, and in doing so, we're forgetting the root cause of this entire discussion? The root cause is that we have an unenforced ECJ judgment, that we have a deep crisis regarding the rule of law in Poland, and that we have the persecution of judges through disciplinary proceedings - stated Adam Bodnar in an interview with Piotr Witwicki on Polsat News's "Graffiti."

08:22

Budka:

I Know How to Win. I Will Be Everywhere to Convince Poles That PO, KO, is the Best Choice for Poland

- I know how to win. I know how to build an effective, good group. Besides, I love people. I know that this is the time for politicians who must meet with people every day, otherwise, we will not restore this credibility, this trust. I promise hard work with people and I will be everywhere to convince Poles that PO, KO, is the best choice for Poland – said Borys Budka in a conversation with Robert Mazurek on RMF FM's "Morning Interview".


08:27

Budka on Śpiewak's Verdict: I Would Be Irresponsible, I Would Be a Populist If I Used This Case to Attack Polish Courts Like President Duda
- I detest populism when it comes to court rulings. If I see the justification, I will. As far as I know, Jan Śpiewak was not convicted for the reprivatization scandal, but for speaking too much, for offending someone. That's all. I would be very happy to see the justification. Once I see the justification, then I will be able to comment. I would be irresponsible, I would be a populist if I used this case to attack Polish courts like President Andrzej Duda – said Borys Budka in an interview with Robert Mazurek on RMF FM's "Morning Interview".

08:49

Gawkowski:

We are creating a new party, and it's a historic matter

- We are creating a new party, and it's a historic matter. This is because after many years, the SLD ceases to exist, and after a few months, Wiosna ceases to exist. Something ends, something begins. I think a new era is beginning in the history of the Polish left. This new era, good after the parliamentary elections, has given us a chance to return to parliament. 51 parliamentarians, a Deputy Marshal of the Sejm, a Deputy Marshal of the Senate – this is a great group of people who understand each other very well, from different parties. Both Lewica Razem, SLD, and Wiosna, but in harmony, and this harmony seasoned with a common presidential candidate - stated Krzysztof Gawkowski in an interview with Beata Michniewicz in "Trójka Political Salon".


08:54

Gawkowski:

The Only Path to Bring Banaś Before the State Tribunal is Through Allegations of Criminal Offense Related to False Asset Declaration While Finance Minister

As MPs from the Left, we extensively consulted this draft with constitutionalists, and everything indicates that the only path to bring Marian Banaś before the State Tribunal is one that refers to the possibility of committing a criminal offense in connection with filing a false asset declaration while holding a constitutional ministerial position, in this case, Minister of Finance. Therefore, the motion for the State Tribunal concerns his previous role, which is connected to his current position as President of the Supreme Audit Office (NIK) – stated Krzysztof Gawkowski in an interview with Beata Michniewicz on the „Trójka Political Salon”.

Today, I will personally deliver it. I will take the trouble to deliver this motion [to bring Marian Banaś before the State Tribunal] to the PiS club. I believe that PiS representatives will also want to sign it – continued the head of the Left parliamentary club.


09:01

Fogiel:

Who is a judge is decided by presidential appointment. One judge cannot question whether another judge is a judge or not.

This is not a matter of a whip, but we have quite clear rules in our country. Who is a judge is decided by appointment by the President of the Republic of Poland. The key here is the appointment by the president, as enshrined in the constitution, and one judge cannot question whether another judge is a judge or not, whether they have the right to rule or not. Judges obviously have the right to review their rulings, that is what the hierarchical nature of proceedings entails, but they cannot decide that Judge A says that Judge B has no right to issue rulings at all, that is undermining the entire legal system” – said the deputy spokesperson for PiS, Radosław Fogiel, in an interview with Beata Lubecka on Radio Zet.


09:02

Fogiel on EC's Interest in the 'Judicial Discipline Act': We Are Calm About It, Considering Similar Solutions Exist in Other EU Countries

"We are calm about it, considering that similar solutions exist in other EU countries. For instance, in Germany. We haven't gone as far as that, because contrary to what is being claimed, we are not at war with judges. We are only concerned with maintaining legal order and preventing anarchy, as President Kaczyński put it, the blowing up of the Polish judicial system. For example, in Germany, there are regulations that allow a judge who betrays their office, who denies the legal order, to be charged and sentenced to five years in prison. We are not taking that path; we are only pursuing the disciplinary route," said PiS Deputy Spokesperson Radosław Fogiel in an interview with Beata Lubecka on Radio Zet.


09:04

Fogiel:

If judges participate in anti-government demonstrations and take actions aimed at thwarting reforms, it's difficult to consider these purely substantive matters

If judges participate in demonstrations, which are largely anti-government, and we subsequently see actions aimed at halting the reforms that the Law and Justice (PiS) government wants to implement, it is difficult, despite all good will and openness, to consider these as purely substantive matters. Unfortunately, the dispute for the past four years has been that PiS believes the judicial system should be reformed, because it cannot be the case that we have a separation of powers, but one of these powers selects itself and judges itself” – said PiS deputy spokesperson Radosław Fogiel in an interview with Beata Lubecka on Radio Zet.


10:00

Tomczyk:

I Plan to Vote for Budka

- I plan to vote for Borys Budka in these elections [for the leader of Civic Platform], the current head of the parliamentary club, who had one of the best individual campaigns in Poland, who achieved the second-highest result for the entire Civic Platform, after Małgorzata Kidawa-Błońska. Moreover, he is certainly one of our symbolic figures, alongside Kidawa-Błońska and Rafał Trzaskowski, on how to win, and he is definitely good material for the party leader. We'll see what happens - stated Cezary Tomczyk in an interview with Jacek Prusinowski on Radio Plus.


10:03

Tomczyk:

We Need a Change for the Better. We Need Someone Who Knows How to Win, Who Knows How to Beat PiS

- Today, we certainly need a change. I have no doubt about that. We certainly need a change for the better. We need someone who knows how to win, who knows how to beat PiS. Who will also be a good symbol of all those good things that happened during the famous 8 years of Civic Platform's rule - stated Cezary Tomczyk in a conversation with Jacek Prusinowski on Radio Plus.


10:07

Tomczyk:

There is a widespread expectation of change regarding Civic Platform. We are talking about a change in leadership as well, but generally about a change in approach to politics.

- I think there is a widespread expectation of change when it comes to Civic Platform. We are talking about a change in leadership too, but we are generally talking about a change in a certain approach to politics. It's a new game, a chapter is closing. We've had parliamentary elections behind us. We saw many individual campaigns, we saw what Civic Platform itself looks like. We know what to change to win. I think this is the time for such an internal debate. The process of electing a party leader has begun. It will conclude on January 25th, and everything is ahead of us - stated Cezary Tomczyk in an interview with Jacek Prusinowski on Radio Plus.


10:39

Budka:

Civic Coalition Club Demands PM's Statement on EU Summit Stance, Veto, and Financial Consequences
Prime Minister Morawiecki should come to parliament and explain why he is exposing Poland to the loss of hundreds of billions of zlotys from the EU budget. Already today, draft regulations for the new financial perspective link the disbursement and transfer of EU funds to the observance of the rule of law. Already today, Macron is clearly stating that there will be no solidarity fund for energy transformation with those countries that do not strive for climate neutrality. In both these cases, Prime Minister Morawiecki is waving the white flag. But by doing so, he is exposing Poland, and above all Polish women and men, to losses of real money that could be designated for changing Poland for the better. And today, the question must be asked: in whose interest is Prime Minister Morawiecki acting? In the interest of Polish women and men, or in the interest of a narrow group of PiS dignitaries who are so afraid of accountability before a court, an independent court, and an impartial judge that they will do everything to subordinate the judiciary to the Minister of Justice. From this place today, an appeal should be made and a demand should be issued to Prime Minister Morawiecki for a clear and legible position on this matter. The Civic Coalition parliamentary club has demanded that the current session agenda be supplemented with the Prime Minister's information regarding Poland's stance and veto at the European summit, as well as the financial consequences of this decision - stated Borys Budka at a briefing in the Sejm.

10:41

Budka on Bill to Discipline Judges: We Have Signals of an Attempt to Push It Through Very Quickly

- We have signals that there will be an attempt by the parliamentary majority to very quickly push through this anti-citizen bill [proposed by PiS to discipline judges] - stated Borys Budka at a briefing in the Sejm.


11:49

Senate, in Agreement with Marshal Witek, Accelerates Work on Two Bills. Grodzki: This Will Disprove Grumblers and Critics Who Say the Senate Will Automatically Block Important Bills and Act as a Brake.

Contrary to the critics who feared that the Senate might cause obstruction or hinder parliamentary work, in agreement with Marshal Witek, we have urgently introduced, and at a much faster pace than the 14 days we have remaining, two bills that will regulate issues that must be resolved by December 31st. The most significant of these, important for all of us who travel, regulates the extension of the memorandum on excise registration, including, among others, aviation fuels” – said Senate Marshal Tomasz Grodzki at a press conference.

This will disprove grumblers and critics who say that the Senate will automatically block important bills and act as a brake. This is not the case” – he added.


12:50

Gersdorf:

Cease using hatred of judges and courts as a political weapon; repression, like in 1981, will be a sign of powerlessness, not strength
38 years have passed [since the introduction of martial law]. And precisely on December 13, 2019, the public was informed about the submission by a group of MPs of a draft bill that can only be called one thing: the liquidation of independent judiciary. In parliamentary printout of the IX term, No. 69, we find a worthy continuation of the lawlessness of the 1980s. It contains everything: a ban on judges exercising freedom of speech, the establishment of an surveillance mechanism, and drastic restrictions on their right to have profiles on social media, an expansion of the catalogue of disciplinary offenses, clothed in the vaguest possible terms, an attempt to resolve the validity of judicial appointments by statute – which are presidential prerogatives, not Sejm powers. Above all, however, it contains a ban on the application of law. That's right. Because how else can one describe a situation where the courts' sphere of cognition is limited, prohibiting them from examining – to the detriment of citizens – whether authorities' competences are observed in accordance with the law. The violation of the binding Constitution, particularly Articles 2, 9, 10, and 91(3), is more than obvious here, although – as it turns out – not for everyone, wrote Małgorzata Gersdorf in a statement. Therefore, I appeal to finally abandon the hatred of judges and courts as a weapon in the struggle for power, especially since repressions, as in 1981, will be a sad expression of powerlessness rather than a manifestation of strength. I call upon the government and parliament to exercise restraint and engage in an honest discussion about how to mend the state of affairs, which has arisen through the fault of these authorities, for the common good. I ask for a genuine discussion on the reform of the judiciary in Poland. Finally, I appeal to cease the campaign of slander and ridicule against those who have dedicated their lives and strength to the service of the Republic – judges of common courts, administrative courts, military courts, and the Supreme Court. Our Independence, not the victory of one party or another in subsequent elections, is the highest good, wrote the First President of the Supreme Court.

13:05

PM on Electricity Price Hikes: Waiting for Independent Regulator. We'll See What Decisions Are Made. We're Considering a Compensation Mechanism for Households
As we announced, we have not undertaken any legislative work related to legislative intervention to mitigate any potential increase in energy prices next year. Today is the day when the President of URE will announce his decisions regarding tariffs. As I mentioned, I do not expect it to be, given the dynamics of prices on the energy commodity exchange in recent weeks and months, I do not expect it to be an increase higher than 10%, and therefore not higher than PLN 9 on the bill. So we are not proposing any other solutions. I would refrain from discussing these prices until the President of URE announces his decision. But as I say, we do not expect alarmist increases, such as you have signaled, 40-50% - stated Jadwiga Emilewicz at a conference in the Chancellery of the Prime Minister. - I would add that if the President of URE decides at all, we are considering a compensation mechanism for households. So that households have no problems with this. But we are waiting for the independent regulator. We'll see what decisions are made - added Prime Minister Mateusz Morawiecki.

13:13

Morawiecki:

Our proposals don't go as far as German or French ones, but we must secure order in the judiciary
Let's consider what serious country, for example in Western Europe, could afford for some judges to question the possibility of appointing and issuing verdicts, or making decisions by other judges. To what state would such a situation lead. Such a situation would lead to chaos in the judiciary. And no serious country, of course, can afford anything like that. Therefore, it is worth reminding the judicial community about the standards that prevail in Western Europe. In Western Europe, on which we base our changes that have now appeared as a proposal in the Sejm, and primarily based on German and French laws, the principle of judicial apoliticism definitely prevails. Pay attention to the French law. The French law explicitly states that a judge cannot engage in such activities as some, fortunately few, judges in Poland unfortunately engage in. Therefore, to prevent this chaos, and in some sense also mess, in this area of justice, this proposal has been formulated. But it is also worth referring to the provisions of German and French laws, that disciplinary consequences there are much more far-reaching. In Germany, for example, there are also criminal consequences. Here, these proposals do not go as far as German ones, and they do not go as far as French ones either, but we definitely must, in a sense, secure order within the justice system – stated Prime Minister Mateusz Morawiecki at a press conference in the Chancellery of the Prime Minister.

13:50

Laskowski Cites Supreme Court Opinion on so-called Disciplinary Act: The Practical End of Judicial Self-Governance, Silencing Judges, Eliminating Them from Public Debate

The First President of the Supreme Court has issued a statement related to recent events and proposals that are intensely present in the public sphere. Today, an opinion of the Supreme Court regarding the draft amendments to the laws on the organization of common courts and the Supreme Court has also emerged. This opinion is very extensive. It contains in-depth legal considerations, referencing both the changes to the laws themselves and their justification. It is critical of the draft, demonstrating that it signifies the practical end of judicial self-governance. It is the silencing of judges, eliminating them from public debate” – said the spokesperson for the Supreme Court, Michał Laskowski, at a press conference.


13:54

Laskowski on the so-called discipline act: The thought of Polexit indeed arises. It seems the international consequences will be very bad for Poland

It is difficult to understand the logic of the initiators’ actions and what goals they intend to achieve by introducing such solutions, blocking the possibility for courts to consider certain issues or ask preliminary questions. Voices are increasingly appearing in the public sphere suggesting this is some method to cause a Polexit. I cannot decipher this, but indeed, such a thought comes to mind. It seems the international consequences will be very bad for Poland” – said the spokesperson for the Supreme Court, Michał Laskowski, at a press conference.


13:56

Laskowski on the so-called disciplinary act: A bad bill, inconsistent with numerous constitutional provisions and European law standards

This is a bad bill. It is inconsistent with numerous constitutional provisions. This was stated in the opinion of the Supreme Court. And it is inconsistent with the rules of European law, certain standards, which are also demonstrated in the opinion in detail” – said the spokesperson for the Supreme Court, Michał Laskowski, at a press conference.


15:33

President Duda in Szczecin Commemorating December '70: For Me, It's Heroism, and Above All, an Unresolved, Tragically Left, Deep Historical Trauma Without Accountability

This is undoubtedly a very poignant moment in a very poignant place. Beneath this gate of the Szczecin Shipyard, by this symbolic cross, the plaques commemorating those who fell on December 17, 1970. 49 years ago, almost half a century. Those who were young people then – be it students or workers – are now retired. Many participants and witnesses of those events, who were older, fully grown adults, are no longer with us today. Those who bore and bear responsibility for the decisions, orders, and commands issued then, for those wounds and the deaths inflicted upon innocent people, have already passed away” – said President Andrzej Duda in Szczecin.

For me, it's heroism, and above all, an unresolved, tragically left, deep historical trauma without accountability, and at the same time, a terrible testament to Poland after 1989, because prior to that time, there's no point in even talking about accountability” – he added.


19:34

Karczewski:

I Hear from Grodzki About Appointing a Committee for Constitutional Oversight of Legislation. It's an Attempt to Create a Constitutional Tribunal 'Bis,' Without Authority

- We must approach this law [disciplining judges] very calmly and substantively. I hear from Marshal Grodzki that he has appointed a committee for constitutional oversight of the legislative acts being introduced. Such an institution, such a body that functioned continuously in a structural manner, has never existed in the Senate. This cannot happen. It's an attempt to create a Constitutional Tribunal 'bis,' without the necessary powers - said Stanisław Karczewski in a conversation with Dorota Gawryluk on the program 'Gość Wydarzeń' on Polsat News.


19:38

Karczewski on the term 'caste' for judges: It's not a good term. I am against stigmatization.

- It is not a good term. I am against stigmatization. That's the best way to put it. There are different judges, there are different doctors, different journalists. This is both its charm and its enormous value - said Stanisław Karczewski in an interview with Dorota Gawryluk on the program 'Gość Wydarzeń' on Polsat News.


19:41

Karczewski on Senate Christmas Eve Meeting: I Will Tell the Marshal to Be More Restrained in His Opinions

- I will tell the Marshal to be more restrained in his opinions and when describing Law and Justice politicians - said Stanisław Karczewski in an interview with Dorota Gawryluk on Polsat News' "Gość Wydarzeń" program.


20:14

Gersdorf:

Supreme Court Opinion Details German, Spanish, and French Laws; None Impose Such Restrictions on Judges as Our Proposal

- In the Supreme Court's opinion on this legislative change, there is a very substantial section dedicated to German, Spanish, and French laws. In none of these laws is there such a muzzle imposed on judges as in our proposal. This is completely unacceptable - stated Małgorzata Gersdorf in an interview with Monika Olejnik on TVN24's "Kropka nad i".


20:18

Gersdorf:

The Law Prevents Judges from Asking Preliminary Questions. It Hides the Normal Functioning of Justice in Poland and the EU. We Are Also European Judges.
This law does not allow judges to ask preliminary questions. It prevents the normal functioning of the justice system in Poland and in the European Union. We are also European judges. The entire European Union is based on values, not just money – stated Małgorzata Gersdorf in an interview with Monika Olejnik on TVN24's "Kropka nad i" (The Dot Over the i).

20:21

Gersdorf:

We must clearly tell citizens this project contradicts the separation of powers, thus undermining the essence of our state

- Judges never engage in politics. Judges have only spoken on matters related to the judiciary, on public issues concerning judges, but concerning the separation of powers. They concern the state and our system of government. We must clearly tell citizens that this project contradicts the separation of powers, thus undermining the essence of our state - said Małgorzata Gersdorf in an interview with Monika Olejnik on TVN24's "Kropka nad i".