Law and Justice is dodging, but time is running out – after the judgment of the Court of Justice of the European Union in the case of the Disciplinary Chamber, Jarosław Kaczyński announces its liquidation. He also talks about further changes in the judiciary – the proposals are again starting to raise concerns among lawyers. Material of the magazine “Polska i Świat”.
The EU clock is ticking inexorably, because in a week is the deadline that Brussels gave the Polish government to explain how it intends to implement the judgment of the Court of Justice of the European Union.
– It is certainly not enough to change the plate “Disciplinary Chamber“to some other chamber, as long as there are incorrectly appointed judges in the Supreme Court,” says Bartłomiej Przymusiński from the Association of Polish Judges “Iustitia”. Jaroslaw Kaczynski’s announcementswhich announced that the Disciplinary Chamber in its current form would be liquidated.
But will someone or something replace it? PiS has not yet disclosed this. – Let’s wait a moment, then there will be a bill and we will be able to expressly comment on it – appeals Łukasz Schreiber from PiS.
– It should be the actual liquidation of what is now – believes Robert Kropiwnicki from the Civic Platform. “And some new entity may be called the Disciplinary Chamber, but it should be selected from among real judges, not political nominees,” he adds.
Fears of financial penalties
The CJEU ruledthat the Disciplinary Chamber is not an independent court precisely because it is ruled by people appointed with the participation of the new National Council of the Judiciary, which also has no guarantee of independence from politics.
– If Poland abolishes the Disciplinary Chamber in the shape it is now, with those judges who do not guarantee independence and earn much more than others, and instead it will create something similar, some new similar creation, it will certainly not be of the judgment of the CJEU – says constitutionalist Dr. Bogna Baczyńska.
Then the Tribunal could impose huge financial penalties on Poland. Brussels has still not approved the Polish reconstruction plan, which would finance further promises made by PiS. – This is a chance to unlock millions for the implementation of promises, which we hear about only verbally – admits Piotr Zgorzelski from the Polish People’s Party.
– We are ready to talk to the president, because you always have to talk about such delicate matters – says Minister Michał Wójcik from Solidarna Polska. But here begins a clear difference of opinion between PiS and Zbigniew Ziobro’s circle – Law and Justice will not die for the Disciplinary Chamber and, as we hear unofficially, the decision to reach an agreement with Brussels has already been made.
Solidarity Poland for “profound changes”
– Until then, we were struggling with various reforms – evaluates Michał Wójcik. Ziobro’s people now say that their reform failed because some were vetoed by the president, and the prime minister negotiated too softly with Brussels. Now it is more and more often said that Zbigniew Ziobro will want to make his own way and demand that he choose a sharp, collision course with the European Union in the subject of the rule of law. – We do not want these changes to be powdered, but deep changes not only in the Supreme Court – adds Wójcik.
Some politicians from Solidarity Poland support not only a change in the number of judges, but also a flattening of the court structure, i.e. an administrative revolution in all courts. On the other hand, President Jarosław Kaczyński clearly suggests the abolition of judges’ immunities.
– The immunity for the judge is not there to protect the judge if something is stolen or drunk. If there were no immunities Judge Igor Tuleya would have indicted today for acting like a judge. One of the overzealous subordinates of Minister Ziobro would do it – claims Piotr Gąciarek from the Association of Polish Judges “Iustitia”.
In the United Right itself, a detailed discussion of these changes has not yet taken place.
Main photo source: Wojciech Olkuśnik / PAP