Professor Marcin Matczak spoke in “Yes,” about the replacement of the Disciplinary Chamber with the Professional Responsibility Chamber. – The main bone of contention between the European Commission and the Polish government is the misunderstanding that the law is not about changing the plaque – he pointed out. Matczak also referred to the words of PO politicians who announce that after coming to power they will remove, among others, the head of the NBP, Adam Glapiński. “I’d like to warn you against treating the plague with cholera,” he said.
On Friday – under the amendment to the law on the Supreme Court – the Disciplinary Chamber, questioned as an independent body, went down in history. In its place, the Chamber of Professional Responsibility was established. It is still unknown whether the law on the Supreme Court will meet the so-called milestones that guarantee the payment of EU funds to our country.
The European Court of Justice in the summer of 2021 obliged Poland to immediately suspend the application of the provisions relating to the powers of the Chamber in matters such as lifting the immunities of judges. For failure to comply with this provision CJEU fined Poland one million euro a day. On Friday, the counter of this fine was more than EUR 253 million.
Matczak on the “fundamental bone of contention” between the European Commission and the government
Should Brussels stop imposing penalties on the Disciplinary Chamber in view of these changes? Professor Marcin Matczak, a constitutionalist from the Faculty of Law and Administration at the University of Warsaw, was asked about this in the Friday edition of “Yes,” on TVN24.
– The problem is that the European Commission looks at the functioning of our judiciary from the point of view of its function and effect, and our power is very formalistic. It seems to her that if she changes the name, but still allows people who are not judges in fact, because they were appointed in a defective manner, or the entire system was created to be able to appoint people who do not guarantee independence, then despite the fact that the name is changed, the problem will not change – commented Matczak.
He added that, in his opinion, “the basic bone of contention between the European Commission and the Polish government” is the “misunderstanding that the law is not about changing the plaque, but what the effect is”.
Matczak: I would like to warn you not to treat the plague with cholera
The conversation also touched on the announcements made by leading politicians from the Civic Platform, who announced that when they came to power, will remove, among others, the president of the NBP, Adam Glapiński. Donald Tusk He also signaled that there are legal obstacles related to the re-election of Glapiński for a second term at the NBP, which were pointed out by experts from the President’s Chancellery. – I do not know these opinions, I know that one actually appeared with the president, it was at least partially shared – said Matczak.
– I would be very careful with such actions. History teaches us that if someone wants to find a formal reason to dismiss a judge or official, he will. Let me remind you that Mr. Zbigniew Ziobro at one point he accused three judges of the Constitutional Tribunal, who were absolutely legally elected, that they were not judges, because the Seym voted for them, voting on one sheet, not on three. This is absurd, because if we play in such situations in which we – on the basis of a legal opinion – try to dismiss officials whose independence is protected by the constitution, then when the new government comes, it will do exactly the same and the courts and the NBP will change into new companies of the State Treasury – he stressed.
Matczak remarked that he said this despite his “critical attitude” towards President Adam Glapiński and towards “people who sit in the Constitutional Tribunal”.
– I would like to warn against curing the plague with cholera, because if now civil Platform he will start to think how to find grounds to dismiss these people, in a sense, a precedent will be created for us that when the government changes, one looks for formal reasons to unseat all those who were before – he pointed out. – Unfortunately, even though we do not like some people who are in the Constitutional Tribunal, we cannot say that they were completely illegally appointed. I say this despite the fact that I am absolutely critical of what they are doing – he emphasized.
Matczak explained that “it is not about mentioning people, because institutions are not about people, but to show respect for this institution”.
– I warn you once again: this pendulum will come back one day, in a year, in two, in three or four, if a precedent is created in Poland that the new government is a broom that sweeps everyone away and appoints its own, it will be the end of democracy, the end of the rule of law – summed up.
Matczak was also asked in the program about the announcement of his son Michał, known as Mata, who announced this week that he will want to run for president in the future.
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Main photo source: TVN24