You can't throw all the new judges into one bag – emphasized the Minister of Justice and Prosecutor General Adam Bodnar in “Kropka nad i” on TVN24, referring to the proposed statutory changes concerning this group of people. He stated that it is “a very well thought-out attempt to get out of this very difficult, stalemate situation that we are in”.
Adam Bodnar he commented on “Kropka nad i” on TVN24 Friday's meeting, which was also attended by Prime Minister Donald Tusk, with representatives of the legal community on the process of restoring the rule of law in Poland. One of the issues raised was solving the problem of neo-judges, i.e. judges who were appointed to adjudicate on the recommendation of the politicized National Council of the Judiciary, changed during the government PiS.
– In my opinion, these so-called – I don't like this word, but that's how it has become – neo-judges cannot be thrown into one bag, but one should really think about why they are in this situation and not another – he said.
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Bodnar on three groups of neo-judges
– We have a very large group, about 1,600 people, who in a sense had no moral choice. They simply graduated from the National School of Judiciary and Public Prosecution. And the National Council of the Judiciary was what it was. They received nominations, the president provided them with judicial nominations – he said.
– And now we have the remaining group. One group, which not only received nominations to higher positions, but also actively participated in the creation of this new legal order – they were members of the National Council of the Judiciary, presidents of courts, heads of departments, disciplinary spokesmen. We estimate (that there are – ed.) about 500 of these people. And I believe that in their case, these people should return to the positions they previously held and also be subject to such a special regime of disciplinary responsibility – continued Bodnar.
– There is another group of judges who only and exclusively accepted the promotion, but later, apart from adjudicating, did not do anything significant in the judicial sphere. And in such a situation, we in a sense want to respond to what is already emerging as practice in the judicial environment, namely some people say: it was a mistake on our part, (…). And in the case of these people, we will create a statutory procedure that will give them the opportunity to submit such a declaration – the Minister of Justice continued.
Bodnar: This is an attempt to get out of a stalemate
In response to the fact that such a solution would force this group of judges to submit a “self-criticism”, he replied: – Well, yes, but the question arises – do we give people a chance to make such a decision themselves, or do we prefer to deprive them of their status by operation of law? I believe that in such a situation it is better to individualize, to give people a chance to make a decision themselves, than to forcibly, by law, return them to the position they previously held – he said.
– I believe that such an opportunity must be created and it is a very well-thought-out attempt to get out of this very difficult, stalemate situation we are in – he added.
Main image source: TVN24