The first step would be to adopt an amendment to the Act on the National Council of the Judiciary, which would, among other things, take into account the need to change the method of appointing judges, said Adam Strzembosz, former first president of the Supreme Court, in “Fakty po Faktach”. As he said, dismissing judges appointed incorrectly by resolution is “the final way to solve this burning problem.”
Professor Adam Strzembosz spoke in “Fakty po Faktach” about the issue of restoring the rule of law in Poland. He referred to the situation in the National Council of the Judiciary, which was shaped according to the laws amended by Law and Justice. According to many experts, it is politicized because its 15 judges are appointed by politicians.
Strzembosz: the first step should be to adopt an amendment to the Act on the National Council of the Judiciary
Katarzyna Kolenda-Zaleska, the host of the program, noted that according to the project of the Association of Polish Judges “Iustitia”, it is possible to dismiss 15 members of the National Council of the Judiciary appointed in a defective manner by a resolution and asked Strzembosz whether he shared this opinion.
In his opinion, the first step should be to prepare and adopt an amendment to the Act on the National Council of the Judiciary, which would “take into account both the need to change the method of appointing judges, i.e. by judges and not by the Parliament”, and “would introduce a number of other changes desired or designed by judges, including regarding a greater balance of the participation of representatives of various groups of judges in the panel of 15 judges.
Strzembosz added that “if this bill was vetoed by the president, then we would have to look for other solutions.”
When asked which ones, he replied that “including the dismissal of judges appointed incorrectly by resolution.”
– I believe this is the final way to solve this burning problem – he said. – It could be concluded that these 15 judges are not legal members of the National Council of the Judiciary – he added.
– But the first step, in my opinion, should be to rectify the situation by amending this act, which is clearly inconsistent with the constitution – he emphasized.
Strzembosz: Court decisions cannot be changed by law
Strzembosz also referred to the situation in the Constitutional Tribunal and the problem of three so-called double judges.
He noted that European tribunals “have taken a clear position that the participation in the examination of the case by a judge whom we call an understudy makes this act itself questionable and may even be considered legally non-existent.”
Strzembosz was asked about the possibility of dismissing judges by a resolution of the Sejm. The guest of “Fakty po Faktach” mentioned that he heard today that “it can only be done by law.”
– The Act cannot change court decisions or comment on their validity. It could just as well be some other legal act, he said.
– I believe that in a situation where no body appointed to do so has implemented the ruling so far, since the new team of parliamentarians now believes that it is their duty to implement these court rulings, then since three understudies were appointed contrary to the Polish ruling of the Tribunal, this parliament can dismiss them. This is my view. You can disagree with him, said the former first president of the Supreme Court.
– For me, changing a ruling or removing a judge from the Tribunal on the basis of the law is equally defective – he added.
– The law cannot state whether the court is properly or improperly staffed. For me, the judgments of those tribunals that have already expressed their opinion on this matter are much more important. And every state authority is obliged to implement the judgment – noted prof. Strzembosz.
Main photo source: TVN24