Judge Beata Morawiec on the words of Małgorzata Manowska about the justice system: she, among others, caused this state of affairs

First President of the Supreme Court Malgorzata Manowska asked on Saturday in “One on One” on TVN24 about the state and pace of work in the justice system, she assessed that “mentally it is in ruins”. – I have one case in court on my behalf, so I can see that it is not working efficiently. However, this lack of efficiency has certainly been worsened by the fact that the parties are now starting to apply for the exclusion of the judge – she said.

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Judge Beata Morawiec, president of the “Themis” Association of Judges, commented on Manowska's statement in “Wstajesz i weekend” on TVN24. She assessed that “a lot is happening and very bad” in the justice system. – The fact that the parties are filing for the exclusion of a judge, citing the fact that this judge was incorrectly appointed to the position, is not an event that has occurred in the last ten months. Such situations have been happening for a very long time. At least since the moment when the European courts stated directly that the rule of law in Poland is at risk, because the illegally functioning National Council of the Judiciary is filing applications to appoint to office people who were elected in a defective procedure – she said.

She added that “this state of affairs was caused, among others, by Ms Manowska, who collaborated in, it must be said openly, the demolition of the Polish justice system, which took place from 2015 to last year.”

As Morawiec said, “now there is a lot of work ahead of us so that what happened can be repaired, and the factual situation that will be rebuilt will give citizens security and the right to court in such a way that they feel safe in their country, know what rights they have, what obligations they have, be sure that the ruling that will be made in their case in court will be final and indisputable.”

Judge Morawiec was also asked about the words of the First President of the Supreme Court in the context of the assumptions of the draft law on regulating the status of judges who were appointed after 2018, i.e. the so-called neo-judges, which the Minister of Justice spoke about on Friday. Adam Bodnar after meeting with representatives of the legal community.

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As Manowska said, “the best thing about these proposals is the institution of 'active regret', or self-criticism”. – The bard of self-criticism was Joseph Stalin, who considered it an important tool working to win the proletariat revolution. It is a tool that breaks people's spines, or at least tries to do so – she added.

– I understand that Judge Manowska considers herself an independent and impartial judge. Congratulations – commented Morawiec.

According to Morawiec, “there is no other way to solve this problem”. – This will be a very long process. We are fully aware of this. But we must take action – primarily legislative – that will effectively ensure that such circumstances giving grounds for excluding judges due to doubts as to their legality, because let's say generally, will cease to exist – she noted.

– We are familiar with the findings that were presented yesterday at a press conference after the meeting of the Prime Minister and Minister Bodnar with judges and non-governmental organizations. We are glad that this legislative processwhich was announced a long time ago, is somehow moving a little faster, said the judge.

She added that “we will not pass these regulations overnight” because “we must reckon with the fact that the president will not accept the changes proposed by the parliament and the government”. – But these discussions, which have a chance of taking place, may also convince Ms. Manowska to return to the Court of Appeal in Warsaw and perform the function that was entrusted to her in accordance with the law and the constitution – assessed Morawiec.

She also said that “by deciding to participate in procedures that were flawed by design, and on top of that by deciding to take up functional positions in courts and various other bodies that administer justice or participate in creating this state of law and order, these people knew perfectly well what they were doing.” – These are not random people. These are all educated people, people with the right experience, people who are aware of their decisions – she added.

– I would not like any judge to build a monument to himself based on the rule of law and become a hero, claiming that “I will stand here, like this unwavering stone, guarding my people, regardless of whether they are in accordance with the letter of the law and the constitution or not”. Creating yourself as a hero for the needs of the moment is really not a good idea for solving problems – she emphasized.

She noted that the politicized National Council of the Judiciary “continues to function, continues to give opinions on candidates, continues to submit motions to the president”. – The president, despite being well aware of the situation (…), continues to appoint new neo-judges – she added.

– I will not comment on the attitude of those who, in the current situation, still take part in these competitions, but it also shows that these people feel unpunished, they feel so sure of their position or their way of life that they do not withdraw from these competitions. This is very, very sad – said Morawiec.