13.7 C
London
Wednesday, May 29, 2024

The President of the Polish Bar Council appeals to the Prime Minister and the heads of clubs regarding changes in the judiciary

Must read

- Advertisement -


The President of the Polish Bar Council, Przemysław Rosati, appealed to Prime Minister Mateusz Morawiecki and the chairmen of parliamentary clubs to “immediately initiate work” on the amendment of the 2011 Act on the National Council of the Judiciary. In his opinion, “the first real step to launch the repair of the Polish judiciary” should be a change in the current procedure for selecting members of the National Council of the Judiciary elected from among judges.

In a letter sent on Wednesday to the head of the government and the chairmen of parliamentary clubs, the president of the NRA wrote that “in connection with the commencement of legislative work and consultations aimed at introducing changes with regard to the rules of disciplinary liability of judges and the jurisdiction of the courts that he would be responsible for dealing with disciplinary cases”, he points out for “urgent initiation of work on the amendment to the Act of 12 May 2011 on the National Council of the Judiciary in the scope relating to the selection of fifteen judges – members of the National Council of the Judiciary in such a way that their selection is carried out without the participation of a political factor”.

“The functioning of the unconstitutional system of appointing judges by the National Council of the Judiciary, whose composition was partly formed with the participation of politicians, in recent years, as well as the applicable national regulations in this regard, have led to the fact that in various proceedings, both before courts in Poland and and before international tribunals, the independence of Polish courts and the independence of Polish judges is and will be questioned. As Przemysław Rosati added in the letter, “the sum of the above factors is the reason for reservations formulated against our justice system, including by the European Commission, also in the aspect of the so-called unblocking of funds from the National Reconstruction Plan”.

The President of the Supreme Administrative Court stressed that “the repair of the entire system will not be effected only by changing the provisions relating to the jurisdiction of the courts, which would decide on disciplinary cases and the so-called immunity cases of judges”.

- Advertisement -

Repair of the Polish judiciary – postulates of the President of the NRA

Przemysław Rosati postulates:

– Changing the procedure for selecting members of the National Council of the Judiciary from among judges.

“The first real step to start the repair of the Polish judiciary should be to change the current procedure for selecting members of the National Council of the Judiciary from among judges,” wrote Rosati.

According to the President of the NRA, a more appropriate solution would be to enable the selection of this part of the members of the National Council of the Judiciary by representatives of all legal circles operating in the justice system, i.e. by the Polish Bar Council, the National Council of Legal Advisers, the National Council of Bailiffs and representatives of judges and prosecutors, on the principles set out in the Act . This would allow for the formation of this part of the National Council of the Judiciary without the participation of a political factor and, at the same time, regardless of which formation or political force will shape and represent the parliamentary majority at a given moment.

– Transfer of all disciplinary cases, not only concerning judges, but also other legal professions, to the Criminal Chamber of the Supreme Court, and not to the Supreme Administrative Court.

“Both the number of these cases, as well as the professional experience of the judges adjudicating in them, clearly establishes the Criminal Chamber as competent to adjudicate in this regard” – assessed Rosati. In his opinion, it is also necessary – as part of a broad agreement – “to determine at the level of the act that only judges appointed by the National Council of the Judiciary in the composition before the changes introduced by the 2017 Act will be entitled to adjudicate in disciplinary cases in the Supreme Court.”

– Undertaking real and consistent work to shorten the duration of court proceedings.

The President of the NRA wrote that as part of these works, special emphasis should be placed on activities aimed at digitizing the judiciary, e.g. by creating a uniform system for court proceedings, digitizing files or ensuring the possibility of using an electronic signature in court proceedings, as well as bilateral communication between the court and entrepreneurs, citizens and lawyers.

– Changing the rules of remuneration for legal aid ex officio

According to Rosati, “an indispensable part of the effective administration of justice is also a functioning legal aid system, which requires urgent reform and increased financial outlays.”

SEE THE LETTER FROM THE PRESIDENT OF THE NRA TO THE PRIME MINISTER MATEUSZ MORAWIECKI

Morawiecki on KPO: it is important to guarantee peace in the era of war in UkraineTVN24

President of the NRA: the crisis around the judiciary has far-reaching consequences

The President of the Supreme Administrative Court appealed “for immediate action to end the crisis surrounding the Polish judiciary”. “This crisis has far-reaching social, economic, financial and political consequences, in particular in the European dimension. In the face of threats and challenges currently facing Poland, especially in connection with the aggression of the Russian Federation in Ukraineits further escalation is dangerous and is not in the interest of Polish citizens – he assessed.

He declared the readiness of the legal community to cooperate in “developing solutions that will enable the National Council of the Judiciary to perform its constitutional duties, as well as readiness to join real work on the reform of the judiciary”.

Work in the Sejm on the draft of changes in the judiciary

It was held in Parliament on Wednesday first reading of the draft amendment to the law on the Supreme Court and some other laws. The proposed changes have – according to PiS deputies – complete the key “milestone” for the European Commission to unlock funds from KPO.

Main photo source: TVN24



Source link

More articles

- Advertisement -

Latest article