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Wednesday, February 28, 2024

Changes in the National Council of the Judiciary. Prof. Andrzej Zoll on the freezing of the National Court Register

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– I think this is the only direction today, because there must be a change in the composition of the National Council of the Judiciary based on the law. This act must be new, because the previous one from 2017 is unconstitutional and the composition that was elected on the basis of that act is inconsistent with the constitution, said Professor Andrzej Zoll, former president of the Constitutional Tribunal. He commented on the decision to freeze the National Council of the Judiciary “until the adoption of the new law.”

Deputy Minister of Justice Maria Ejchart said on Wednesday on TVN24 that “The National Court Register will be frozen until the new law is adopted, until it is appointed in accordance with the composition expected of us by the constitution.” – The direction is that the National Council of the Judiciary is to be shaped as required by the constitution, i.e. members of the National Council of the Judiciary cannot be elected by the Sejm – she said.

Prof. Zoll: this is the only direction today, because there must be a change in the composition of the National Council of the Judiciary based on the law

Professor Andrzej Zoll, former president of the Constitutional Tribunal, was asked about the decision to freeze the National Council of the Judiciary until the new law is adopted.

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– I think this is the only direction today, because there must be a change in the composition of the National Council of the Judiciary based on the law. This act must be new, because the previous one from 2017 is unconstitutional and the composition that was elected on the basis of that act is inconsistent with the constitution – said prof. Zoll.

– The Constitution assumes that three authorities are to be represented in the National Council of the Judiciary. The executive power is a representative of the president and the minister of justice. The legislative power consists of four deputies and two senators, he explained.

He said that the judicial power is represented by 15 judges and they “cannot be elected by the legislative power, by the Sejm.” – This was the assumption and this was the legal status until the amendment of this act and, in fact, the new act on the National Council of the Judiciary of 2017 – he said.

Prof. Andrzej Zoll TVN24

“There is no way to question these verdicts, because we would lead to complete chaos.”

Later, the former president of the Constitutional Tribunal spoke about the judgments that had already been passed with the participation of neo-judges. – I think there is no way to question these verdicts, because we would lead to complete legal chaos. It is important to realize that these amounts certainly exceed one million of the judgments issued in these few years. Common sense and the need to stabilize court decisions require that these judgments must be considered valid – says Prof. Zoll.

According to prof. Zoll, there should be no problem with the already announced judging competitions. – Freezing is easy. The Minister of Justice will simply not announce new competitions. This is at the disposal of the Minister of Justice. Cancel these competitions (which are – ed.) in progress – he said.

Prof. Zoll on changes in the National Court RegisterTVN24

Deputy Minister of Justice: The National Council of the Judiciary will be frozen until the new law is adopted

The National Council of the Judiciary is to be shaped as required by the constitution, i.e. members of the National Council of the Judiciary cannot be elected by the Sejm – said Maria Ejchart, deputy minister of justice, in “Fakty po Faktach” on TVN24. – The National Council of the Judiciary will be frozen until the new law is adopted, until it is appointed in accordance with the composition expected of us by the constitution – she added.

Maria Ejchart, deputy minister of justice, spoke in “Fakty po Faktach” on TVN24 about the actions that are already being taken or will be taken in the future to rectify the situation in the National Council of the Judiciary. – The direction is that the National Council of the Judiciary is to be shaped as required by the constitution, i.e. members of the National Council of the Judiciary cannot be elected by the Sejm – she said.

She recalled that on December 20, the Sejm adopted a resolution regarding this body. It indicates that three resolutions of the Sejm of 2018, 2021 and 2022 regarding choice judges-members of the new National Council of the Judiciary were undertaken in gross violation of the constitution.

Deputy Minister of Justice: The National Council of the Judiciary will be frozen until the new law is adopted

Deputy Minister of Justice: The National Council of the Judiciary will be frozen until the new law is adoptedTVN24

– Firstly, there is a resolution (of the Sejm – ed.), secondly, there are competitions that are underway. There are competitions for judicial positions announced by the Minister of Justice, and they will not be announced because this body does not have the right to nominate judges. We will have to consider what to do with the competitions that are taking place. In other words, the National Council of the Judiciary will be frozen until the new law is adopted, until it is appointed in accordance with the composition expected of us by the constitution, she said.

Main photo source: TVN24



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