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Adam Bodnar about Tomasz Janeczek's dismissal application and the letter he received from Andrzej Duda. “I doubt there will be a will to cooperate”

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– I have no other option than to ask the president for consent – said Adam Bodnar, head of the Ministry of Justice and prosecutor general, in “Fakty po Faktach”. He talked about the dismissal of prosecutor Tomasz Janeczek. He pointed out that the reason why this did not happen was the “concrete law on the prosecutor's office”, which requires the consent of the head of state. – Even today I received a letter from the president regarding this matter – he admitted. The head of the Ministry of Justice said that the letter included “a whole list of questions”.

Minister of Justice and Attorney General Adam Bodnar he spoke in “Fakty po Faktach” on TVN24 about the detention of Polish soldiers on the border with Belarus. This happened at the end of March. The soldiers were not arrested.

Read also: Shots by soldiers on the border with Belarus. The prosecutor's office details the incident

On May 6, prosecutor Tomasz Janeczek, appointed in the last days of his term of office, took over personal supervision of the proceedings conducted after the arrest. Zbigniew Ziobro Deputy Prosecutor General for Military Affairs. Bodnar reported that he did not know about it. Meanwhile, after the case was revealed by the media, Janeczek twice denied knowing anything about the case. Due to Janeczek's behavior, the president received a request to dismiss him. However, this has not happened yet.

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>> The president about the “scapegoat”, the prosecutor's office about the “total loss of trust” in Janeczek <<

“I doubt there will be any will to cooperate in this area”

– In fact, at my request and that of the Minister of National Defense, the Prime Minister dismissed prosecutor Janeczek from the position of deputy prosecutor general for military matters. Well, here we are now entering the concrete act on the prosecutor's office, which says: “good, great, but the consent of the president is required” – said the TVN24 guest.

– I have no other option than to ask the president for permission – he emphasized. – Even today I received a letter from the president regarding this matter – he admitted. The head of the Ministry of Justice said that the letter included “a whole list of questions regarding various procedural issues related to whether Mr. Janeczek knew or did not know about this situation.”

– For now, as I understand it, the president is waiting for further explanations. I will probably provide these explanations. But I doubt there will be any will to cooperate in this regard, Bodnar said.

Bodnar on the border: we must look for a reasonable and proportionate solution

He also talked about his assessment of the situation on the Polish-Belarusian border today. – We must constantly look for a reasonable and proportionate solution between, on the one hand, protecting the border and, on the other hand, respecting individual rights and freedoms, he said.

He reminded that “the situation on the border is part of the hybrid war that is being waged against Poland.” In his opinion, “the situation has changed significantly” compared to the previous years when he was in power PIS.

Bodnar on the border: we must look for a reasonable and proportionate solutionTVN24

He argued that currently “the travel of people who cross the border in organized groups is being arranged, not only by Belarusian services, but also by Russian services.” – Secondly, we have recently had cases, which I also deal with as prosecutor general, of various preparations or acts of – I don't even want to use the word terrorist – but acts of undermining the stability of the state – he continued.

– However, it seems to me that the criterion we should adopt is that we respect international obligations and at the same time help all people who cross the border and that there are no situations of harm or death at the border – he said.

Adam Bodnar about pushbacks

Please note that there are still pushbacks at the border, which is contrary to the standards human rights, Bodnar argued that “we have situations in which many people who cross the border do not want to be registered and do not want to be subjected to the (asylum) procedure.” – There were over a thousand people who participated in such a procedure and were covered by all these international proceedings since the beginning of the year – he said.

– Many people who cross the border simply cross it and are not interested in meeting anyone from Polish officers – he emphasized. As he said, “if they are not interested in being protected, then in such a situation the regulations in force assume that these people will be returned to the place from which they came.”

Adam Bodnar about push backs

Adam Bodnar about push backsTVN24

Operation “Sluice” – a crisis caused by Lukashenko

Migration crisis on the borders of Belarus with Poland, Lithuania and Latvia was triggered by Alexander Lukashenko, who is accused of waging a hybrid war. It involves the organized transfer of migrants to the territory of Poland, Lithuania and Latvia. During over 28 years of his rule, Lukashenko has often threatened Europe with weakening border control.

The operation of bringing migrants to Belarus from the Middle East or Africa in order to cause a migration crisis was previously described on his blog by Tadeusz Giczan, a journalist from the Belarusian opposition channel Nexta. He explained that the Belarusian services are conducting the “Sluice” operation invented 10 years ago. Under the guise of trips to Minsk and promising to transfer to Western Europe, the Lukashenko regime brought thousands of migrants to Belarus. Then he transports them to the borders of EU countries, where Belarusian services force them to cross them illegally. This operation is still ongoing.

An idea on “how to restore the due rank of lay judges”

Bodnar also talked about the changes he announced regarding lay judges and was asked about the “Paprotek” campaign. Ministry of Justice As part of this campaign, it will deliver plants to courts that can be taken home. In the legal community, lay judges are called “ferns”, and the aim of the campaign is to change the attitude towards them.

As the minister said, “we have Article 182 of the constitution and the point is that we should take citizens' participation in the administration of justice seriously.”

– Today I presented a comprehensive fifteen-point plan – five legislative points, ten very quick, practical points to be done – how to restore the due rank of lay judges in Polish courts – he announced.

Adam Bodnar about "how to restore the proper rank of lay judges"

Adam Bodnar on “how to restore the due rank of lay judges”TVN24

He added that “it's also about showing, in a sense, image-wise, that lay judges have real importance.” – They cannot only perform a decorative function next to the judges – he said. The head of the Ministry of Justice pointed out that the idea was to show that lay judges “have real power because they are the voice of society, hence an attempt to look for a different, one might say, image-related approach to this issue.”

Citizens' participation in the administration of justice is determined by law.

Act on the National Council of the Judiciary. “We need to find a sensible solution”

Bodnar also referred to the amendment to the Act on the National Council of the Judiciary, which is currently being worked on.

– We must find a sensible solution to, on the one hand, rebuild the constitutional body that is the National Council of the Judiciary, and on the other hand, adopt a law that will lead to verification of the status of those appointed, he said.

Adam Bodnar emphasized that for now he intends to carefully read the legal opinions regarding the Senate amendments to the amendment to the Act on the National Council of the Judiciary. Experts' opinions are divided.

Bodnar emphasized that the Senate amendment results from the position of the Venice Commission on this issue. And Poland cannot accept the commission's recommendations and ignore them at times. – The law on the status of judges is needed, necessary and must be discussed – argued the Minister of Justice. – If we said overnight that two thousand judges could not adjudicate, the justice system would be paralyzed – he added.

The amendment to the Act on the National Council of the Judiciary in the version adopted by the Sejm provided that the right to stand for election as a member of the National Council of the Judiciary would not be available to judges appointed after changes to the provisions relating to the National Council of the Judiciary in 2017. Since then – after the reform carried out by PiS – international institutions and many legal authorities have asked attention that the Council has been politicized.

However, recently, during the parliamentary work, the Senate unanimously approved an amendment according to which the passive electoral right will be available to all judges, regardless of whether they were nominated by the National Council of the Judiciary before or after the change in the regulations in 2017.

The issue of eliminating the passive electoral right for judges who were appointed after the changes to the National Council of the Judiciary in December 2017 was part of the dispute between the Ministry of Justice and the president. Andrzej Duda.



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