We are in a real black hole, which was not caused by the current democratic majority, but by its predecessors. We are dealing with a situation that requires a sensible solution. We cannot hang around our tails, otherwise the country will fall into chaos – said Professor Marek Safjan, former president of the Constitutional Tribunal and former judge of the Court of Justice of the European Union, in “Fakty po Faktach”, commenting on the situation in the justice system. As he stated, “the president has an obligation to cooperate with the parliament in restoring the rule of law.”
On Friday, the Criminal Chamber of the Supreme Court ruled that the reinstatement and appointment of Dariusz Barski as national prosecutor in 2022 had a binding legal and constitutional basis and were legally effective. The resolution was adopted by judges selected with the participation of the neo-National Council of the Judiciary, in response to a question submitted by the Gdańsk district court.
– We are dealing with a defective composition of the composition (of the Supreme Court) because those people who belong to the category of so-called neo-judges are appointed without the recommendation of the properly appointed National Council of the Judiciary, in accordance with the Constitution – said the professor in “Fakty po Faktach” Marek Safjan.
As he noted, “this is a very important element, because the process of appointing a judge consists of several elements, but two are particularly important. – Recommendation, i.e. the resolution of the National Council of the Judiciary, indicating the candidate, and the nomination acts of the president – he pointed out. As he explained, the body, which was appointed in a manner contrary to the Constitution, “cannot be considered as having the authority to properly make such recommendations.” – Therefore, these persons are certainly improperly appointed – he added.
The ruling in the case of Dariusz Barski was issued by the so-called neojudgesJacek Tacik/Fakty TVN
“The president has an obligation to cooperate with the parliament”
– We are in a real black hole, which was not caused by the current democratic majority, but by our predecessors. We are dealing with a situation that requires a sensible solution. We can't hang around our tails. We must find a sensible solution, otherwise the country will fall into chaos, warned the former president of the Constitutional Tribunal.
Safjan agreed that the clinch in the justice system would probably be resolved only after the end of the president's term Andrzej Duda.
President Andrzej Duda in the SejmLeszek Szymański / PAP
He appealed to neo-judges in the Supreme Court and common courts “to feel responsible for the state and public affairs and to resign from the positions they hold today.” – I can also address (the appeal – ed.) to the president. The president now has an obligation to cooperate with the parliament in restoring the rule of law. This is the duty of the head of state and this is the duty of every state body that is obliged to respect the standards resulting from the treaties, he declared.
The professor argued that “it is important to restore the rule of law today, adhering to certain general principles and values that result from the European order and the constitutional order.”
– In this respect, the president should, of course, cooperate with the parliament, otherwise we will turn our system into a kind of sham, a kind of fiction. We are dealing with a democratic majority in parliament, which is formed by a coalition, with only a theoretical possibility of adopting laws, which will then be vetoed in advance or referred to the Constitutional Tribunal, according to the president's announcement, he noted.
In his opinion, this is “extremely dangerous for the rule of law.” – This is extremely dangerous for society, which has the right to expect an appropriate level of responsibility from the authorities of this country. Also from the president, he added.
Main photo source: Leszek Szymański / PAP