No one will put pressure on the President regarding when to sign or not sign.
- Nawrocki on SAFE
Hot Topic
01/22/2020
06:33
President Andrzej Duda is participating in the World Economic Forum in Davos for another day. At 7:00 AM, at the Polish House organized by Pekao and PZU, he will take part in a debate titled "Growing Europe: The Economic Vitality of Central and Eastern Europe" with the presidents of Croatia, Latvia, and Estonia. At 9:30 AM, he will meet with the President of Azerbaijan, and at 12:00 PM with the Secretary General of the OSCE. A statement to the media is planned for 1:00 PM.
Prime Minister Mateusz Morawiecki will also arrive in Davos today, directly from Japan. He will meet with journalists at 10:15 AM, followed by a series of meetings with representatives of major corporations. Another statement to the media is scheduled for 5:15 PM.
The two-day Sejm session will commence at 10:00 AM, with MPs initially addressing the draft bill on government administration departments. A briefing by Marshal Elżbieta Witek is planned for 9:45 AM. At 9:00 AM, the Justice Committee will provide an opinion on the Senate's resolution to reject the disciplinary act.
Senate Marshal Tomasz Grodzki will meet today with the President of the German Bundesrat at 10:00 AM and with the Ambassador of Peru at 1:00 PM.
07:58
- The Chancellery [of the Sejm] is in a difficult situation. Primarily because it must exercise due diligence when it comes to regulations. I understand that these signatures are stirring emotions, but they have the right to stir emotions also for those who have legally submitted their signature and have the right to have their decision in this regard respected, not to be stigmatized by their environment afterwards – stated Zbigniew Girzyński in a conversation with Konrad Piasecki on TVN24's "Rozmowa Piaseckiego".
- This type of ruling, even if it has been made, is an expectation from the judge, and it does not necessarily compel the chancellery to take such actions. If we have the separation of powers, it works both ways. It's not just that politicians or the executive branch, in this case the legislative branch as the Sejm, should not influence court rulings, but also in the other direction, courts have the scope of their duties and should not encroach upon areas where we have legislative powers. And since the law provides for this in one way and not another, it should be honored by the courts – the PiS politician continued.
08:03
08:22
Girzyński:
The President Faces a Very Difficult Task Due to the Campaign. If He Asked My Opinion, I Would Suggest Softening His Language
- I think the President has a very difficult task stemming from the fact that there is an election campaign. If he were to ask for my opinion, I would suggest softening his language. His language was not mild [in Silesia], and if the President wants to effectively fight for re-election, which I strongly support, and I will vote for him and encourage others to vote for him, because in our current political landscape he is certainly the best candidate, then I would suggest he adopt slightly different tones. Because I understand we have competition on the right in the form of Konfederacja and Mr. Bosak, but let's leave them alone - stated Zbigniew Girzyński in an interview with Konrad Piasecki on TVN24's "Rozmowa Piaseckiego".
08:24
Girzyński:
Ziobro's Approach is a Mistake. There Were Bad Judges, Those from Civic Platform, and Now We'll Appoint Good Ones, Those from PiS. This is Flawed Thinking.
08:40
08:52
Gowin:
We Know Too Little About This Whole Matter to Judge President Nawacki's Determination
"We know too little about this whole matter to judge the reasons for President [Nawacki]'s determination. In broader terms, I can say that the justice system requires reform. This is indisputable. The situation we have reached, and we have hit a wall, also requires dialogue. I myself am open to such dialogue," said Deputy Prime Minister Jarosław Gowin in an interview with Beata Lubecka on Radio Zet.
08:53
Gowin:
Sooner or Later Access to KRS Support Lists Will Be Granted. I See No Reason for Them Not to Be Public
"Sooner or later, access to these lists will be granted. Then we will know more. I have no insider knowledge. I see no reason for them not to be public. The matter is causing a dispute among lawyers. It has been referred to the Constitutional Tribunal for a ruling. There were reservations regarding GDPR" - said Deputy Prime Minister Jarosław Gowin in an interview with Beata Lubecka on Radio Zet.
08:53
Sobolewski:
It's the Civic Platform Talking About Polexit. They Keep Repeating It. Perhaps There's a Plan Behind It to Take Poland Out of the EU, Because We Don't Have Such a Plan
08:56
Sobolewski:
We're Awaiting the President's Official Announcement, Where I Hope He'll Declare His Intention to Seek Re-election, Then It's All Hands on Deck
08:59
09:02
"The fact that for many years we have been on the sidelines of the main table of foreign policy allows Russia to build its narrative with greater boldness. We must give this a strong rebuff. Yes [I would go to Yad Vashem]. Even if I didn't have an official voice, one can always talk, to people, to journalists. By being there, one can bear witness: yes, we have nothing to hide, we are proud of what we have done. Of course, there were situations that we would all like to forget, but as a country, we are proud of what we have done," stated Małgorzata Kidawa-Błońska, Deputy Marshal of the Sejm and Civic Coalition's presidential candidate, in an interview with Polsat News.
09:29
- So you can react. You have to be at the table. If you're not at the table, you don't have a say, you're in the hallway. If you're at the table, you can always speak up, even if they don't turn on your microphone - stated Robert Kropiwnicki in an interview with Michał Rachoń on the TVP Info program "Jedziemy", when asked if the President of Poland should go to Jerusalem and sit without a right to vote, even though there are official celebrations in Poland three days later.
When asked if the president would violate the event's schedule, the PO politician replied: - If there were things that slandered Poland, Andrzej Duda would speak up as a serious president, either at a conference or on the sidelines, and talk about Poland's national interest, but instead, he won't be there at all. And no one will be. And that's the worst part. This goes beyond foreign policy.
09:39
- The situation is absolutely black and white. If there were amendments [to the judges disciplinary act], if there had been an attempt to improve this project in some way, to introduce new solutions into it, then it would indeed be possible to discuss, to consider whether to accept some of the Senate's amendments and reject others. Here, however, we have a situation where the Senate states that we do not like this act, we have criticized it wholesale, and we believe it should not enter the legal circulation at all. We hold a completely different position. We do not see the act in any way violating, even, the Polish Constitution, and for that reason, of course, the United Right will vote to reject the Senate's motion, meaning to uphold the act. Obviously in its unchanged form, because there were no amendments to it - stated Marek Ast in an interview with Jacek Prusinowski on Radio Plus.
09:50
Ast:
If the Constitutional Tribunal's ruling ultimately dictates that the KRS support lists are subject to disclosure, then they will be disclosed.
- I am convinced that if the Constitutional Tribunal's ruling ultimately dictates that the [support] lists for the KRS are subject to disclosure, then they will be disclosed, and everyone will then see that there were no grounds for concern here – stated Marek Ast in an interview with Jacek Prusinowski on Radio Plus.
10:31
Witek:
I've referred a dispute over competencies between the Sejm and the Supreme Court to the Constitutional Tribunal. The First President of the Supreme Court's plans undermine our right to legislate and thus the President's authority to appoint judges.
10:34
Witek:
The Supreme Court Cannot Usurp the Sejm's and President's Competencies. Hence This Motion, As the Matter is Important and Urgent.
- Exactly. It cannot be the case that the Supreme Court usurps the right to decide what falls within the competencies of the Sejm and also the President. Hence this motion, because the matter is important, urgent, and truly, if it were not resolved, it can only be resolved by the Constitutional Tribunal, because we all know perfectly well that it is not the Supreme Court, but the Constitutional Tribunal that decides on the compatibility of laws with the Constitution - stated Elżbieta Witek at a press conference in the Sejm.
10:44
Witek:
I believe, and I'm not alone, that Polish law takes precedence over European law. I recall a Spanish court that stated precisely the same.
- I believe, and I am not alone in believing, that Polish law takes precedence over European law. I recall a Spanish court that stated precisely the same. I don't understand why no one is interested in what happened in Spain, but they are interested in what happened in Poland. The motion is submitted out of a sense of responsibility for the state. This is not a whim, a caprice, it is a very serious matter, and I recognized that as Marshal, I have a duty to ask the Constitutional Tribunal how it truly stands: whether the Sejm has the right to pass laws, to adopt laws concerning the organization of courts, as the CT states, or not. I do not agree that EU law has supremacy over the Polish Constitution and Polish law - stated Elżbieta Witek at a press conference in the Sejm.
10:46
Kidawa-Błońska:
I'll Debate Andrzej Duda in the Second Round. Debates Make Sense One-on-One. Multi-person Debates Lack Intensity
"I will stand for a debate with Andrzej Duda in the second round. There are different kinds of debates. A debate makes sense when it's a one-on-one discussion. [Multi-person debates] lack that intensity. It's more like a quiz. Everyone answers the same question. There's no interaction between candidates. A one-on-one debate is interesting because those reactions are present. It's much more engaging," said the Deputy Marshal of the Sejm and KO's presidential candidate, Małgorzata Kidawa-Błońska, in an interview with Piotr Witwicki on Polsat News.
10:47
Witek:
If the Constitutional Tribunal takes on the case, Thursday's Supreme Court session and ruling will be suspended
- If the Constitutional Tribunal takes on this case [resolving competence between the Sejm and the Supreme Court], then Thursday's Supreme Court session and the issuance of a decision will be suspended - stated Elżbieta Witek at a press conference in the Sejm.
10:56
10:57
Witek:
The Supreme Court is now elevating itself to the status of an extraordinary body that decides whether the Sejm can pass laws or the president can appoint judges. This cannot be, because it is complete chaos.
- I don't know [if the Constitutional Tribunal will address the motion today], but it was my duty. I hope the CT will see the gravity of the situation. We will see what happens. The expectation is that we will all finally know whether the Sejm has the right to pass laws, which, according to the Constitution, stipulate that the organization of court work is determined by laws, or whether the President of the Supreme Court, the First President of the Supreme Court, has the right to substitute for the CT and rule that members of parliament are passing laws inconsistent with the Constitution. This is a truly serious dispute. Currently, the Supreme Court is elevating itself to the status of an extraordinary body that decides whether the Sejm can pass laws or the president can appoint judges. This cannot be, because it is complete chaos. Therefore, the only institution that can determine this is precisely the CT, and that is why I am referring this matter to the CT - stated Elżbieta Witek at a press conference in the Sejm.
13:10
Terlecki:
Judges are for enforcing the law, not making it. Society expects radical judicial reforms, and it's high time to implement them.
„Judges are for enforcing the law, not making it. Poland is a sovereign country. EU institutions do not have the competence to interfere in Poland's legal system. Society expects radical judicial reforms, and it's high time to implement them. Therefore, we believe that further discussions on this topic are meaningless and unnecessary. We will proceed with the reform, which is currently being debated in the Sejm and will be voted on tomorrow, according to plan” - said Deputy Marshal Ryszard Terlecki in the Sejm.
14:31
- If this motion [from the Marshal of the Sejm regarding the jurisdictional dispute] is transferred by the Constitutional Tribunal to the Supreme Court, then I believe it should suspend proceedings in the Supreme Court. That's the first point. Generally speaking, I will say this: in my opinion, the Supreme Court should not deal with this matter at all, because there have been numerous rulings from both the Constitutional Tribunal and, for example, the Supreme Administrative Court, which have unequivocally assessed that the appointment of judges is a presidential prerogative, therefore an exclusive presidential act and consequently not subject to any review. The President makes decisions in this regard as to whether to appoint a given judge to the judicial office or whether to appoint a given candidate to the judicial office. If so, this candidate receives a judicial nomination from the President, takes the appropriate oath before the President, and then is a judge in the fullest sense of the word. Of course, one must not overlook the National Council of the Judiciary (KRS) in this regard, but the KRS is there to present candidates for judicial offices to the President, in effect. Here, this presidential prerogative is strongest, and there have never been any doubts that even if there were, as the Constitutional Tribunal has stated several times before how flawed the KRS was, and therefore, of course, one could assume that consequently, the decisions and resolutions made by it are also flawed, if a presidential decision followed, meaning if the President exercised his prerogative, then the judicial status of that person was irrefutable and unquestionable. And from my point of view, there is nothing to ponder in this regard - stated President Andrzej Duda during a conversation with journalists in Davos.
15:20
https://twitter.com/RadioZET_NEWS/status/1219983739184435200
18:15
19:09
In the case of the so-called disciplinary law for judges, everyone is playing with marked cards. The turbulent discussions, attempts to block, consultations, or even the opinion of the Venice Commission (perhaps the most spectacular idea of the opposition on this matter) will change nothing, because in the end, the Sejm will reject the Senate's veto on Thursday, and the President, judging by recent statements, will sign the new regulations. What some media outlets call a repressive law, however, is merely a prelude to a larger game that will likely await us shortly after the presidential elections, provided they are decided in favor of the ruling camp.
Zbigniew Ziobro recently lifted a veil of secrecy, confirming earlier media reports and the assumptions of political observers. In the first half of January, the Minister of Justice stated on Radio Maryja: - Next, we would like to change the structure of the judiciary. Currently, there are four levels. Why so many? That's bureaucracy. We would like to flatten this structure, so there are three levels, e.g., district courts, appellate courts, and the Supreme Court.
Our interlocutors admit that analyses and preparations are underway to flatten the judicial structure, and although nothing can be declared regarding the timeline or decision today, the idea in the Ministry of Justice is clear, and the United Right wants to move in this direction. The ruling camp will rely on Article 180, paragraph 5 of the Constitution, which Jarosław Kaczyński invoked during the last campaign: - In the event of a change in the system of courts or the change in the boundaries of judicial districts, a judge may be transferred to another court or retired, while retaining full remuneration.
The goal is not even so much to re-appoint all judges from scratch, but to re-staff judges in individual courts. Such changes are, of course, difficult to implement in the context of the upcoming presidential campaign, which will indeed be a game for everything. Our interlocutors admit that a potential defeat for Andrzej Duda means a return to the situation before 2015. The message from the United Right is clear: the next stage of changes after May 24th. In such a scenario, PiS will have approximately 3 years to implement its reforms. The next elections will not be held until 2023. Even a month's delay in the Senate will not change anything here.
Unofficially, there are also whispers about a possible change in the structure of the Supreme Court and its reduction to three chambers – the Disciplinary Chamber, the Extraordinary Control and Public Affairs Chamber, and a third one, for instance, Private Affairs. According to this concept, the liquidation of two chambers would cause a change in the system, which would enable the re-appointment of judges to retirement. PiS has already tried to carry out such an operation once, first in a version vetoed by the president, and then through the retirement age criterion, proposed by Andrzej Duda. After the ECJ's decision, they withdrew from the so-called retirement purge.
However, these are plans for the future. The coming weeks are primarily about filling the position of the First President of the Supreme Court, which Małgorzata Gersdorf will vacate at the end of April. For PiS, it is crucial that among the candidates for this function is a person chosen from the so-called new judges. The General Assembly of Supreme Court Judges has been convened for March 17th to select candidates, and this is where the current struggle lies. PiS, anticipating possible problems, has also included anti-obstruction provisions in the disciplinary law.
After the amendment, the selection of candidates for the position of the First President of the Supreme Court requires the presence of at least 84 members of the General Assembly. However, if the election is not made due to a lack of quorum, the presence of at least 75 members is required. If, also at this meeting, the election is not made due to the lack of the required quorum, the election can be made at the next meeting in the presence of at least 32 members. At the end of this path, there is still a safeguard – if candidates are not elected according to the rules, the president shall promptly entrust the performance of the duties of the First President to a judge of the Supreme Court designated by him.
It remains an open question whether judges from the new chambers – the Disciplinary Chamber and the Extraordinary Control and Public Affairs Chamber – will be admitted to participate in the aforementioned General Assembly of the Supreme Court at all. The last request by the First President of the Supreme Court to resolve inconsistencies in the jurisprudence of the Supreme Court, which PiS is currently trying to block with the help of the Constitutional Tribunal, is already being interpreted as an attempt to undermine the status of the “new” judges so that they cannot participate in the procedure. Although the new PiS regulations are intended to prevent such a situation, including through the introduction of the aforementioned safeguard.
Either way, the coming months will be decisive – either the ruling camp will complete the reform, or the entire endeavor will be blown up. In 2018, after the ECJ's decision, PiS took a step back regarding changes in the Supreme Court, knowing that Gersdorf's term was ending anyway, and such changes are difficult to implement in a constant campaign. Now the situation is different – the liquidation of the Disciplinary Chamber or the reversal of changes in the KRS would undermine the entire concept of changes championed by Zbigniew Ziobro or the ruling camp. Therefore, the message from PiS is clear: not one step back, we will complete the reform of the judiciary. This is despite the resistance of EU institutions, which certainly – the European Commission and the ECJ – will not let it go.
Photo: *Sejm*
19:48
Mucha:
This is not the time for personal ambitions. The most important thing is for the internal elections to conclude in the first round. Kidawa-Błońska will have a two-week longer campaign.
- This is not the time for personal ambitions. I think I would achieve a good result in these elections, but I don't think I would win them. However, after these many meetings, I can calculate the proportions of votes. Today, the most important thing for us, for Platforma, is for these internal elections to conclude in the first round; then Małgorzata Kidawa-Błońska will have a two-week longer election campaign - Joanna Mucha said in a conversation with Bogdan Rymanowski on the program "Wydarzenia i Opinie" on Polsat News.
19:52
Mucha:
PiS has draped Poland in such a sealed curtain and on this curtain it is showing us a spectacle titled 'the courts'
19:55
Cymański:
I Consider This a Muzzle Law. It's a Muzzle Intended for Judges Who Nip at and Devour Other Judges
- I consider this a muzzle law. It's a muzzle intended for judges who nip at and devour other judges. It's a muzzle - said Tadeusz Cymański in an interview with Bogdan Rymanowski on the program "Wydarzenia i Opinie" (Events and Opinions) on Polsat News.
20:05
20:28
20:29
20:29
PM:
I am grateful to the European Commission, Commissioner Jourová, who unequivocally stated who is to blame for the outbreak of World War II
- I am grateful to the European Commission, Madam Commissioner, Vice-President Jourová, who unequivocally stated who is to blame for the outbreak of World War II. I also think that Russia and many of our partners, observers of how we are rectifying these neglects in the historical policy of our predecessors, are in enormous surprise, astonishment, that in such a short period we have managed to change the perception of Poland - said Mateusz Morawiecki in an interview with Michał Adamczyk on the TVP Info program "Gość Wiadomości".
20:34
20:39
Morawiecki:
"Konfederacja's Silence and Strange Comments Confirm Their Ties to Russia"
- Please note how in recent weeks Konfederacja politicians have fallen silent, or even commented very strangely on what is happening. This confirms their significant ties to Russia. This is, unfortunately, the truth that has now been largely exposed – said Mateusz Morawiecki in an interview with Michał Adamczyk on TVP Info's program "Gość Wiadomości".
20:41
20:47
PMM:
True Patriots Defend Poland. Hence My Statement Reached Nearly Two Billion People Worldwide
20:54
- Everyone was waiting for the CJEU to issue a ruling unfavorable to us. Meanwhile, that ruling was very positive. The Supreme Court seemed unable to swallow it, and as a result, at the beginning of December, it issued a ruling which any serious country should act upon. This ruling led to some judges, who were analyzing their prerogatives in various ways, questioning the rulings of other judges, and no serious country can allow that. The President holds the ultimate prerogative in his hands to appoint judges. The National Council of the Judiciary, this one or that one, or even earlier nominations by the Council of State, are merely, so to speak, a step towards the final nomination. The President confirmed these judges, and therefore no judge has the right to question the status of other judges, and that is why we had to act legislatively, and I hope this matter will be resolved soon – said Mateusz Morawiecki in an interview with Michał Adamczyk on the TVP Info program “Gość Wiadomości”.
No one will put pressure on the President regarding when to sign or not sign.
- Nawrocki on SAFE
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