Gersdorf: The Situation Now Is That Nothing Is What It Seems. The Constitutional Tribunal Isn't the Constitutional Tribunal in Poland. The National Council of the Judiciary Isn't the One the Constitution Speaks Of. Soon, Courts Won't Be Courts, and the Sup

14/01/2020

12:09

Gersdorf:

The Situation Now Is That Nothing Is What It Seems. The Constitutional Tribunal Isn't the Constitutional Tribunal in Poland. The National Council of the Judiciary Isn't the One the Constitution Speaks Of. Soon, Courts Won't Be Courts, and the Sup

Michał Olech

The honorable title of judge has been tarnished by the words of a former prosecutor and PZPR member regarding the subservient mentality desired by the authorities from judges. This stuck with me deeply because this prosecutor, a member of the authorities, is currently a judge of the Constitutional Tribunal. This doesn't bode well, as perhaps he also possesses this subservient mentality. We are currently in a situation where nothing is what it seems anymore. The Constitutional Tribunal is not the Constitutional Tribunal in Poland. The National Council of the Judiciary is not the one the Constitution speaks of and it does not stand guard over the impartiality and independence of judges, which is its reason for being. In a short while, courts will not be courts, and the Supreme Court will not be the Supreme Court. This law, looking at it from a bird's-eye view, shuts our mouths, and the Supreme Court will at best be able to rule on divorces, because nothing else will remain for it. Neither the offering of opinions on acts, nor questioning appointments, nor questioning the National Council of the Judiciary, because for everything, a penalty could be imposed on judges, a disciplinary penalty, meaning the end of the independent judiciary - stated Małgorzata Gersdorf in the Senate, during a meeting of the Rule of Law team.

Michał Olech

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