How to repair the judiciary and release funds from the KPO? Professor Robert Grzeszczak from the University of Warsaw faced such questions. – Everything depends on the adopted political strategy and how the president of our country will behave. First of all, we need changes in the judiciary – said the TVN24 guest.
Professor Robert Grzeszczak from the Department of European Law at the University of Warsaw was a guest on TVN24. He talked, among other things, about the National Reconstruction Plan (KPO) and the National Council of the Judiciary (KRS).
– I am optimistic when it comes to funds from the KPO. It is in everyone’s interest that this money leaves Brussels and goes to Warsaw and then to the regions. The funds do not work, lying somewhere in the accounts, and Brussels will not use them. Money will wait and lose value (…) It is not that other countries are happy when things are bad in another Member State. The more money spent, the better the functioning. We are part of the Union, the Union is us. If we develop better, it will be better for the European Union, he explained.
Prof. Grzeszczak: the judiciary needs to be healed
– Everything depends on the adopted political strategy and how the president of our country will behave. First of all, we need changes in the judiciary. It is necessary to “undo” a large part of the changes that led to the deconstruction of the judiciary in Poland (…) We simply need to heal the judiciary, because we are still waiting for years for the verdict. This is not bad will of the court, just archaic procedures. No one has changed it for eight years (…) Now is an opportunity to reverse the reforms and speed up procedures so that people are satisfied and the courts can function better, he said.
“This is not the Constitutional Tribunal”
A TVN24 reporter asked about the law on the Supreme Court that he could deal with Constitutional Court.
– This is not the Constitutional Tribunal. This tribunal has already been found to be ineligible by international and national courts (…) The tribunal has neither substantive nor formal qualifications, so issuing a statement or ruling will not even constitute a judgment. The tribunal simply doesn’t work. Now it is necessary to issue a new law on the Supreme Court and a new law on the Constitutional Tribunal. The question is whether the president will block it – says prof. Grzeszczak.
– There should be a new law on the Supreme Court, common courts, and especially on the National Council of the Judiciary, because this is the source of problems that will burden us in the coming months. It needs to be recast, he explained.
“Politicians must listen to lawyers and the public”
Professor Grzeszczak estimated that the changes could be introduced in January, but much depends on the president’s decision.
– Politicians must listen to lawyers and the public. They must reorganize the state, but in accordance with the constitution. There are possibilities, but it is not known whether the president’s will is there. I believe in the president and his individual political interests. I believe that it will not block the reforms that are needed to quickly launch the KPO – said the TVN24 guest.
– I think that the president will talk and show how he looks after Polish affairs, and then he will sign the law on the Supreme Court, the National Council of the Judiciary, common courts, and perhaps the prosecutor’s office. In my opinion, he will sign the bills that are necessary to achieve these so-called milestones. In short, to restore the independence and independence of the judiciary and for the judiciary to meet EU standards, he said.
What has the PiS government done for the judiciary?
– Everyone knows poorly functioning courts. Those who have had any contact with the courts will confirm that there are very long waits and the institutions do not work efficiently. Virtually nothing was done, and small things would have helped. Modernization, introduction of new technologies and electronic solutions that are available and used in other countries – he explained.
– In addition, of course, the reorganization of the courts so that there are no politically motivated heads and heads of these courts operating there (…) We need to restore personal and structural order to the courts. Now the government must start treating it as a priority, he added.
– I remember in 2016 and 2017, when I was going to lectures on European Union law, I was wondering what my colleagues were doing about constitutional law. How do they explain the constitution to students? Now, when I go to lectures, I wonder whether students will believe me that judgments issued by, for example, Luxembourg are binding and must be implemented. And that’s how it is and we have to carry out these judgments. If we carry out judicial reform, he concluded.
Main photo source: TVN24