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The law on courts and funds from the KPO. Adam Bodnar comments

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– The rule of law cannot be repaired by means that are contrary to the constitution. You cannot look for solutions by poisoning the court, which has so far remained relatively independent, assessed the former Commissioner for Human Rights, Adam Bodnar. In “Fakty po Faktach” he commented on the law on courts passed by the Sejm in early January, which, according to the government, is to unlock funds from the National Reconstruction Plan for Poland.

January 3 The Sejm passed the amendment the act on, among others Supreme Court, which, according to the PiS originators, is to be a key “milestone” for the European Commission to unlock money from the National Reconstruction Plan. According to the project that Law and Justice submitted to the Sejm on December 13 last year, he will decide disciplinary and immunity cases of judges The Supreme Administrative Courtand not – as at present – the Chamber of Professional Responsibility of the Supreme Court.

Voting on the parliamentary bill amending the law on the Supreme Court and other courtssejm.gov.pl

The bill will now be considered by the Senate.

Bodnar: the act poisons the operation of the NSA

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– The rule of law cannot be repaired with methods that are contrary to the constitution – he assessed in “Fakty po Faktach” were Ombudsman Adam Bodnar. “You cannot look for solutions by poisoning a court that has so far remained relatively independent, i.e. the Supreme Administrative Court,” he stressed. As he explained, the NSA “has a separate jurisdiction, it deals with the control of the operation of public administration, and not with those matters that have now been imposed.”

– I don’t know where this idea came from. We hear all the time from the ruling party that this is allegedly approved by the European Commission. We’ll wait and see,” he added.

Adam Bodnar was a guest of “Fakty po Faktach”TVN24

As he assessed, “the opinion of the Venice Commission will be very important”, which, as he noted, was critical of other projects of changes in the Polish judiciary proposed by those in power in Poland. According to Bodnar, “it’s hard to expect her not to criticize” this project as well. – I wonder what he’ll do then the European Commission – added. According to Bodnar, the Venice Commission may issue its opinion before the end legislative process in Poland.

Bodnar indicated the National Council of the Judiciary as the key for the Polish justice system and the rule of law. He said that without the amendment to the Act on the National Council of the Judiciary, “we will still be stuck in some kind of constitutional stagnation”. Bodnar stated that we should return to the previous model of electing this body, according to which 15 judges will be elected not by politicians, but by the judicial community. – This is a fundamental problem, primary cancer. This cancer continues to grow with subsequent judge appointments. It will have to be straightened out, he said.

Main photo source: TVN24

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