state of play: 07/06/2018

POLITICAL GAME: Fact: PAD played his own hand, not as PiS wanted, GW: Judges may block new Supreme Court appointments, Newsweek: Jaki better engages Facebook community

Michał Olech

LIVEBLOG 300POLITYKI: Mucha, asked about the First President of the Supreme Court election: I hope these processes will happen as quickly as possible, and the President also appeals to the National Council of the Judiciary for this. Mucha: PAD decided to inform in writing, but it was not an official act. He wanted to inform those judges who might have doubts. Mucha: There are no grounds for the President to be held accountable by the State Tribunal. Mucha: I am somewhat disappointed by Gersdorf's contradictory statements. PMM en route to the Czech Republic. Mucha: PAD explicitly stated that the National Council of the Judiciary's opinion regarding the statements of Supreme Court judges is important to him. Mucha: There is currently no First President of the Supreme Court. Judge Iwulski is leading the court. Gasiuk-Pihowicz: Local government elections, as well as European Parliament and Polish parliamentary elections, will be of key importance - like the elections of June 4, 1989. Gasiuk-Pihowicz: The President lost, perhaps not the whole war, but the battle for the Supreme Court. The letters to the judges are an attempt to justify himself to his own circle. Johann: We are dealing more with a political dispute than a legal problem. Friday's Political Agenda: PMM in the Czech Republic, Jaki's meeting with residents of Warsaw's Włochy district. https://300polityka.pl/live/2018/07/06/ -- THE GREAT COURT BLOCKADE - write Ewa Ivanova and Łukasz Woźnicki on GW's front page: Candidates have less than a month to apply. The decision on who will become a judge will be made by the new National Council of the Judiciary, which nominates individuals to the President for appointment as judges. However, the judicial community is seriously considering blocking this procedure. The action would involve mass participation of judges in the competitions to prolong them, and then block them by filing appeals against the National Council of the Judiciary's decision to the Supreme Administrative Court. -- THIS IS ONE OF THE VARIANTS WE ARE CONSIDERING - says Krystian Markiewicz in GW: - This is one of the variants we are seriously considering. But Iustitia has not yet decided on its stance in this matter. We will likely make a decision on July 14 – says Krystian Markiewicz, president of the Polish Judges Association "Iustitia". - If we resort to such a method, a clear message must be sent to both judges and the public: this is not about a rat race for positions in the Supreme Court that became vacant in a manner inconsistent with the constitution. It is about prolonging the current situation, maintaining a state of suspension, and protecting the Supreme Court from dual power – believes judge Waldemar Żurek, former spokesperson for the National Council of the Judiciary. -- THIS WOULD GIVE TIME FOR A DECISION BY THE CJEU - GW continues: “Such tactics would also provide time for a decision, for example, to suspend personnel changes in the Supreme Court by the Court of Justice of the EU. The European Commission, which has already called on Warsaw to "rectify infringements" in the Act on the Supreme Court, is considering filing a complaint against the Polish authorities with it.” http://wyborcza.pl/7,75398,23640153,sedziowie-maja-sposob-na-obrone-sadu-najwyzszego-moga-zablokowac.html -- THE MAJORITY OF INTERESTED SUPREME COURT AND SUPREME ADMINISTRATIVE COURT JUDGES HAVE COMPLIED WITH THE ACT ON THE SUPREME COURT - writes Marcin Fijołek on wPolityce.pl: “Statements – in accordance with the regulations – will be reviewed by the National Council of the Judiciary, and then the President will make appropriate decisions in this matter. I would like to point out, however, that considering all Supreme Court and Supreme Administrative Court judges affected by the Act on the Supreme Court, the majority of them have not challenged the Act. If we add seven more judges who cited the constitution directly but still submitted their statements, the percentage of judges increases to 72. Here, however, we are awaiting the opinion of the National Council of the Judiciary on this matter (next week).” https://wpolityce.pl/polityka/402630-o-czym-swiadczy-pekniecie-w-nsa-i-sn-gersdorf-w-mniejszosci -- THE PRIME MINISTER WAS GRILLed - writes Monika Olejnik in GW: “Master's graduate Mateusz Morawiecki wanted to present Poland as a proud country in Strasbourg. He was so politically grilled that it was painful to watch.” -- PERHAPS IT IS WORTHWHILE FOR KACZYŃSKI TO REMEMBER HIS BROTHER'S WORDS - Olejnik continues: “Perhaps it is worth Jarosław Kaczyński recalling his brother's words, who in 2008 said: 'The independence of courts is very solemnly guaranteed in our state, more so than in many European countries' constitutions. This solution can be called a model; its shape resulted from reflections on the situation of our country's previous systemic reality.' What has happened in these 10 years that it was decided to ruin our judicial system?” -- I BELIEVE IN THE BACKBONE OF JUDGES - Olejnik again: “I believe in the judges, I believe in their backbone and in the fact that the constitution is most important to them, because that is all we can count on. We will have a separation of powers if judges are independent. Unfortunately, politicians will decide on their removal. And they are already deciding.” http://wyborcza.pl/7,75968,23640019,swiat-wedlug-magistrow-olejnik.html -- THE WAY OUT OF THE CHAOS REGARDING THE SUPREME COURT IS VERY SIMPLE - writes Jacek Karnowski on wPolityce.pl: “So the way out of the chaos is very simple: the President just needs to entrust the duties of the First President of the Supreme Court to the next judge of the Supreme Court. And he will be the one to head the institution until the court's composition is completed by the National Council of the Judiciary and the President.” -- POLAND WILL NOT BE ABLE TO RECOGNIZE THE LEGALITY OF THE STEP REGARDING THE APPLICATION TO THE CJEU - Karnowski continues: “The hopes of the opposition and some judges related to the possible referral of the Act on the Supreme Court to the Court of Justice of the European Union are also illusory. Firstly, such a referral has not yet occurred. There will be two inquiries from the Commission, each with a one-month deadline for a response. Only then will an official decision be made. But even if the European Commission refers the case to the CJEU, Poland will still not be able to recognize the legality of this step. This would mean a blatant violation of the Polish constitution, which is stated in its very first articles.” https://wpolityce.pl/polityka/402648-chaos-wokol-sn-wyjscie-z-sytuacji-jest-banalnie-proste -- THE PRESIDENT PLAYED HIS OWN HAND, WHICH WAS NOT THE SAME AS WHAT THE PARTY EXPECTED - writes Magdalena Rubaj in Fakt: “Is the entire operation concerning the replacement of Supreme Court judges a success for the power camp in a broad sense? No! President Andrzej Duda (46) played his own hand. And it was not the same as what the party and President Jarosław Kaczyński (69) expected. - He's a coward – says a politician close to Kaczyński, a proponent of the “hardline” approach. - The President did as he wished – states someone from the Palace, emphasizing that Prime Minister Mateusz Morawiecki (50) was also not a fan of the toughest approach in the Supreme Court matter.” -- A STAND-IN WAS TO BE FOUND - says an important PiS politician quoted by Fakt: “- The assumption was that the President would appoint the First President. A stand-in was to be found. Even names were mentioned, and the President was to announce it in writing – a prominent PiS politician tells us.” -- THE CONVERSATION BETWEEN PAD AND GERSDORF WAS NOT PLEASANT - Rubaj continues: “According to our sources, the conversation was not pleasant. - I'm going on vacation – Gersdorf told the President. - I don't care much, you are breaking the law – Duda replied. - International tribunals will defend me! – Gersdorf retorted. Ultimately, Gersdorf's version prevailed. Why? Because the presidential camp was frightened – as was the entire PiS – of the European Commission's reaction. And that, under such pressure, the European Court of Justice would block the law's operation during the summer. - And then it will be easier to get out of the stalemate in the situation we have today, not the one PiS would want – a politician associated with the President explains to us. Kaczyński, however, does not intend to make any deals with Brussels. His policy of fait accompli has "worked" in the case of the Constitutional Tribunal. Kaczyński expects the same from Duda today.” https://fakt.pl/wydarzenia/polityka/andrzej-duda-znowu-poklocony-z-pis/hgjdsnb -- I WAS IN THE PZPR, BUT ALSO IN "SOLIDARITY" - says Józef Iwulski in an interview with Onet. https://wiadomosci.onet.pl/tylko-w-onecie/prezes-sadu-najwyzszego-jozef-iwulski-bylem-w-pzpr/r512xpk -- WE STEPPED BACK LAST YEAR, IT DIDN'T HELP US MUCH - Beata Szydło on TV Republika. https://fakty.interia.pl/polska/news-szydlo-mysmy-sie-cofneli-w-ubieglym-roku-niewiele-nam-to-dal,nId,2603150 -- IN STRASBOURG, PiS LEFT EUROPE - writes Paweł Wroński in GW: “Despite this, Morawiecki considered his speech a success. Perhaps because he made everyone realize how illusory and baseless the narrative of "dialogue" with Europe was, which in reality was mere swindling. Now, PiS's hope is the victory of populist parties in the 2019 European elections, which question the current shape of the EU. Perhaps the Strasbourg debate is an important historical caesura here, the beginning of PiS's Poland leaving Europe, although not yet based on treaty provisions or procedures. It is a mental departure from the world to which it never belonged.” http://wyborcza.pl/7,75398,23640179,w-strasburgu-pis-wyszedl-z-europy.html -- THE PRESIDENT COUNTERATTACKS ON THE SUPREME COURT ISSUE - writes Ewa Siedlecka on Polityka.pl: “What could be expected has happened. After the temporary truce on Tuesday, when Andrzej Duda tactically stepped out of the line of fire and pretended that Judge Józef Iwulski of the Labour Chamber of the Supreme Court, appointed by the First President of the Supreme Court Małgorzata Gersdorf as his deputy during her absence, was also his nominee – the President launched a counterattack. He endured the demonstrations in front of the Supreme Court, he endured the "introduction" of the President by the judges on Wednesday, and now, slowly, he is lighting the fuses of more dynamite planted under the Supreme Court. He has just stated – this time not verbally, but in writing – the retirement of 15 judges. 11 judges – including President Gersdorf – who did not apply for permission to continue judging, and four who merely submitted declarations of intent to continue judging, without requesting anything and invoking the principle of judicial irremovability.” https://polityka.pl/tygodnikpolityka/kraj/1755368,1,prezydent-kontratakuje-w-sprawie-sadu-najwyzszego.read -- PATRYK JAKI MUCH BETTER ENGAGES THE FACEBOOK COMMUNITY - writes Newsweek.pl: “About 14 million Poles have a Facebook account, and it is the most widespread social medium in Poland. Patryk Jaki has a quantitative advantage (174,000 fans compared to 95,000 for Rafał Trzaskowski). The candidate of the United Right is also talked about the most on Facebook (both positively and negatively). In the last two weeks, Jaki appeared in 550,000 mentions. Rafał Trzaskowski was mentioned about 160,000 times. Moreover, Patryk Jaki also engages the Facebook community much better. On average, his posts are liked, commented on, and shared by twice as many users as Rafał Trzaskowski's entries. The result? Jaki's message is very likely to reach a larger number of people. And the rest? The pages of other candidates are followed by at most a few thousand people.” http://newsweek.pl/polska/polityka/jak-patryk-jaki-i-rafal-trzaskowski-walcza-w-cyberprzestrzeni-analiza-,artykuly,429706,1.html -- PiS IS LENIENT TOWARDS A COMPROMISED MP - Fakt on Stanisław Pięta: “Following our publications, Pięta was suspended from membership in the PiS party and parliamentary club. But when he reappeared in the Sejm, he sat in his seat, in the fourth row behind President Jarosław Kaczyński (69). What's worse, he remains the vice-chairman of two committees – legislative and constitutional responsibility.” -- NFZ PRESIDENT ACCUSES: WE ARE LOSING MILLIONS DUE TO THE DEPUTY MINISTER - Fakt on the front page: “We have obtained a shocking letter written by the head of the National Health Fund, Andrzej Jacyna, to the Minister of Health, Łukasz Szumowski. Jacyna directly accuses Deputy Health Minister Marcin Czech of squandering money on drug refunds! We are talking about PLN 100 million for a drug for women suffering from breast cancer.” -- JUDGES' REBELLION IN THE TRIBUNAL - title in Fakt. -- KUCHCIŃSKI RENTED A TENT FOR A MILLION - title in Fakt. -- SZYDŁO HAS A PORTER - writes Super Express: “Warsaw's Czerniaków district. An elegant BMW pulls up to a government block. A man in a suit and the former Prime Minister – Beata Szydło (55) – get out. The car trunk is stuffed to the brim: a suitcase, a bag, hangers with clothes. But the Deputy Prime Minister doesn't have to carry it all herself, because she has people for that!” https://se.pl/wiadomosci/polityka/funkcjonariusz-sop-nosi-bagaze-pani-wicepremier-szydlo-ma-tragarza-aa-DSYc-Z6XU-xYJk.html -- IS PiS TAKING OVER THE SUPREME COURT TO DESTROY TUSK?! - SE: “Emotions surrounding the changes in the Supreme Court are not waning: protests, quarrels – these are just the tip of the iceberg. Meanwhile, PiS opponents are increasingly scrutinizing the motives driving Jarosław Kaczyński's (69) party. One of them could be revenge against the President's greatest enemy – Donald Tusk (61). The First President of the Supreme Court is also the Chairman of the State Tribunal.” https://se.pl/wiadomosci/polityka/pis-przejmuje-sad-najwyzszy-by-wykonczyc-tuska-aa-xg5J-qyDk-Pa8U.html -- GMYZ RECEIVED A REPRIMAND - writes Agnieszka Kublik in GW: “In connection with the statement by editor Gmyz, which goes beyond the accepted norms of behavior and culture at TVP, the management of the Television Information Agency has issued him a reprimand – the television's press team informed "Wyborcza". http://wyborcza.pl/7,75398,23639292,gmyz-dostal-nagane-od-tvp-wczesniej-nazywal-prof-gersdorf.html -- TERRITORIAL DEFENSE FORCES NOT SO FAST - writes Marek Kozubal in RZ: “Given that the training cycle lasts three years, the formation will have 53,000 trained soldiers only in 2024. However, Minister Mariusz Błaszczak informed at a meeting at the General Command of the Armed Forces that the formation is to achieve full combat readiness in 2025. Military personnel unofficially admit that Macierewicz promised too much prematurely.” http://rp.pl/Sluzby-mundurowe/307059886-Obrona-terytorialna-dopiero-w-2025-roku.html -- STOCK EXCHANGE ALLIANCE BETWEEN POLAND AND ISRAEL - RZ title on the front page: “GPW and TASE will cooperate. Plans include a commodity exchange in Israel and a platform for financing startups in Poland.” -- BIRTHDAYS: Ryszard Petru.

Michał Olech