I would appeal to the future government to trust experts who have been thinking in recent years about how to repair the Polish rule of law, and not to follow some political calculation, said attorney Sylwia Gregorczyk-Abram from the Free Courts Initiative in “Fakty po Faktach”. On Tuesday, members of the “Free Courts” Initiative met with the leader of the Civic Coalition, Donald Tusk. – PiS has weaned us from this type of meetings – she admitted.
On Friday, in “Fakty po Faktach” on TVN24, attorney Sylwia Gregorczyk-Abram from the “Free Courts” Initiative commented on the condition of the Polish rule of law after eight years of rule by the United Right. – I would appeal to the future government to trust experts, the Batory Foundation, the “Iustitia” association, “Free Courts”, experts who have been thinking in recent years about how to repair the rule of law, and not follow some political calculation that is tempting – she said.
She added: – We are after the atomic bomb when it comes to the state of the country and the rule of law, and we must revive as quickly as possible, and we cannot have half-measures here. We must restore the rule of law with fair principles.
“Prime Minister Tusk was not wrong when he said that he would release funds from the KPO”
On Tuesday, members of the “Free Courts” Initiative met with the leader of the Civic Coalition Donald Tusk. – PiS has weaned us from this type of meetings. It was a meeting about the rule of law, values and the diagnosis of the state. Every responsible leader who wants to restore order in the country starts with a diagnosis of what was destroyed. We, as “Free Courts”, have been actively restraining the ambitions of the government for the last six years and now we have a chance to present to the Prime Minister what has been damaged and what needs to be repaired – explained attorney Gregorczyk-Abram.
She added that the legal community will present solutions to the new government that will help restore the rule of law as soon as possible. This, in turn, would allow the frozen funds to be unblocked National Reconstruction Plan. In this case, “Free Courts” suggest adopting a new law.
– I believe that Prime Minister Tusk was not wrong when he said that he would unblock these funds. European Commission is a law enforcement body, but also a political body. It has the right to give the Member State some kind of credit of confidence – emphasized attorney Gregorczyk-Abram. – Government PiS he had it for many years. Before the first anti-infringement proceedings began, declarations were made and the European Commission believed these declarations. Of course, this has been an empty declaration for some time, she added.
In “Facts after Facts”, the expert assessed that the new, democratic government should send a signal as soon as possible that it will introduce real changes and present the draft laws it intends to introduce. – If President Duda vetoes these bills and takes on the responsibility of blocking funds from the national Reconstruction Plan again, it will be his sole responsibility – she noted.
Will one act “cancel” fourteen Constitutional Tribunal judgments?
In her opinion, through the act, the current judges of the Constitutional Tribunal should be dismissed and new judges appointed to replace the so-called “understudies”. – They were elected illegally, they are not judges. We have a judgment on this from the European Court (of Justice). It should be done quickly, she said.
She added that there are various proposals on what to do with the judgments of the Constitutional Tribunal, including: the Constitutional Tribunal’s judgment on abortion. – I am closest to the proposal presented by the Batory Foundation, signed, among others, by the Civic Coalition: all those judgments that were issued by a bench with double judges – and this particular one was issued – will be considered invalid and these constitutional norms will return to its previous state – she explained. There are fourteen such judgments in total and they could – according to attorney Gregorczyk-Abram – be considered invalid under the Act.
She added that there are also a number of judgments stating that the current National Council of the Judiciary does not meet the standards of European Union law and international conventions. – It should be dissolved and a new National Council of the Judiciary should be established, of course by law, in which judges have real influence when it comes to choice panel of judges – indicated attorney Gregorczyk-Abram.
Main photo source: TVN24