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Tusk about the National Council of the Judiciary, the president and the “only chance”. “Maybe we'll take a chance.”

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We will certainly not satisfy everyone regarding the amendment to the Act on the National Council of the Judiciary, admitted Prime Minister Donald Tusk in “Fakty po Faktach” on TVN24. This is about the Senate's amendment, according to which neo-judges appointed after the changes in the Council in December 2017 will be able to be candidates for the National Council of the Judiciary. The head of government assured that he trusted the Minister of Justice, Adam Bodnar, in this matter.

In “Fakty po Faktach” on TVN24, the Prime Minister referred to the amendment to the Act on the National Council of the Judiciary.

The amendment in the version adopted by the Sejm provided that the right to run for a member of the National Council of the Judiciary would not be available to judges elected after changing the regulations regarding the National Council of the Judiciary in 2017, during the government of the National Council of the Judiciary. PiS. However, the Senate approved an amendment according to which all judges would have the right to vote, regardless of whether they were nominated by the National Council of the Judiciary before or after the change in regulations in 2017. This solution, in turn, arouses resistance from the judicial community.

Tusk on the amendment to the Act on the National Council of the Judiciary: we will certainly not satisfy everyone

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Tusk said that “no one will accuse Minister Bodnar of not feeling (…) the need to build a fully independent judiciary.” – I work with him every day, I support him very much when he is in Brussels on my behalf. We have to rebuild what PiS destroyed, he added. However, he expressed fear that without this amendment the amendment would not have passed due to the presidential veto.

In this context, he referred to the actions of Minister Bodnar, who had previously informed TVN24 that he was conducting talks with representatives of the Chancellery of the President regarding the act on the National Council of the Judiciary.

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– He came to me and said that “maybe it's defective, it's not as I dreamed of it, but if there is a chance that it will be much better than it is today and if this is the only chance that President Duda will not again blocked (…), maybe we'll take a risk,” he continued. – Perhaps counting on President Duda is a bit naively political here, I do not rule out that it is, but I very much appreciate that Minister Bodnar, even at risk to his reputation, (…), is trying to repair this situation, so devastated by his predecessors – added.

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He admitted that not everyone likes this amendment, but he trusts Minister Bodnar and is aware that “we will definitely not satisfy everyone.”

The issue of eliminating the passive electoral right for judges who were appointed after the changes to the National Council of the Judiciary in December 2017 was part of the dispute between the Ministry of Justice and the president. Andrzej Duda. In the opinion of the president, who was critical of the changes to the regulations proposed by the Ministry of Justice, all judges have equal status.

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Main photo source: PAP/Leszek Szymański



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