NEWS
18/09/2025
12:03
Says Żurek on Dismissals of Court Presidents:
We Must Apply the Constitution Directly; There Is a Legal Basis for My Actions,
- I would like to focus on one issue that is hotly debated in the public sphere, namely the dismissal of presidents or vice-presidents [of courts] following negative opinions from judicial colleges. As you well know, judicial colleges were once organs of the court, but at the same time, bodies of judicial self-governance. Members of the college were elected by all judges of a given court and were meant to provide a counterbalance to the actions of the president, who was always appointed by the Minister of Justice - said Waldemar Żurek at a press conference.
- These colleges, in the amended law, were transformed by Minister Ziobro and the then-ruling party into assemblies of presidents, also appointed by Minister Ziobro. [...] This principle of judicial independence and the separation of powers was undermined, because we had a court that was entirely managed by the minister's appointees - he indicated.
- Of course, we have the law, and some commentators say: we must apply this law. But ladies and gentlemen, the voices of legal doctrine today are unequivocal, and I have that support, for which I am grateful, when highly respected representatives of the academic world say: it's not only courts that must apply the jurisprudence of lawful Supreme Court judges or European tribunals, but also administrative bodies, such as the minister - he continued.
- Someone says: there is a presumption of a law's constitutionality. That was true until the case of 'Xero Flor v. Poland'. From that moment on, we have a completely deformed Constitutional Tribunal, and we can no longer, as before, seek a review of a law's constitutionality. We must apply the Constitution directly - he pointed out.
- So, in the case of these opinions [of judicial colleges], just as legal doctrine and the jurisprudence of European courts state, I simply do not apply certain solutions with full awareness, because we must reform the justice system and this entrenchment by laws, which are obviously and glaringly contrary to EU law and our Constitution - he emphasized.
- Please pay attention to Article 91 of the Constitution, which clearly tells us that if there is a conflict between an ordinary law and an international convention, and both European courts are established under conventions, [...] then if it cannot be reconciled, we choose the convention. It stands immediately below the statute in the hierarchy of sources of law. So, there is a substantive basis for my actions; there is a legal basis - he asserted.
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