Toga Rokosh. An unusual caste enters the fray

Michal Laskowski, Tomasz Artymiuk, Jerzy Gruba, Kazimierz Klugiewicz, Jaroslav Matras, Marek Pietruszynski, Andrzej Stepka. Let's remember these names.

INThe ones mentioned in the teaser were Supreme Court Justices over the years.

On the day of his swearing in Jondu Tuska adopted a resolution that clearly defined their (and not only, a large part of the “best caste”) attitude towards the Constitutional Tribunal.

In case of reference no I KZP 5/23 Adopted by the expanded composition of the Criminal Chamber of the Supreme Court (so-called seven). decided to refuse to accept the resolution.

It should be noted that the problem before the Supreme Court was important for many lawyers and legal advisers in Poland.

The rejection of the resolution was based on the decision of the Constitutional Tribunal of December 20, 2022 (Agn. SK 78/21), who considered the differentiation of remuneration of the public defender and the elected defender against the constitution.

And since the jurisprudence of the Polish courts remained inconsistent, despite the clear statement of the Constitutional Tribunal, the Human Rights Commissioner sent a legal question to the Supreme Court on the above case.

However, the “seven” referred to in the teaser decided to refuse to answer, because, according to them, the Constitutional Tribunal does not meet the legal requirements for the court, so – the verdict of December 20, 2022 is not and meets. does not have universal binding force in accordance with art. 190 U.1 of the Constitution.

The reason for this position is the alleged shortcoming of the Constitutional Tribunal.

According to the reasoning behind the refusal to accept the resolution, which has been widely quoted in the media, the presence of Dr. Hab on the panel of judges of the Constitutional Tribunal is to blame. Yaroslav Virembak, who took over the position of the deceased judge of the Constitutional Tribunal, prof. Henrik Chioch, but “lawyers from Chersk”, etc. Allegedly, he was supposed to be a “researcher”, so Yaroslav Virembak inherited the left-wing insult from him.

So Dr. Yaroslav Virembak is, as it were, the heir. 😉

And that's why The Supreme Court cannot accept that the judgment in this case is a judgment.

I admit that the above statement may come as a bit of a surprise. Well, the concept of “judgment” was formed in the legal language even before the war.

And it includes two types of decisions – judgments and decrees that end the proceedings. This dichotomous division of criminal law is undisputed. Only civil rights experts wonder whether the term “judgment” should include some orders.

Therefore, according to the Supreme Court and specifically the seventh mentioned in the teaser, the decision of the Constitutional Tribunal of December 20, 2022 is not a verdict, but… a judgment, that is, a verdict or a decree.

I have to admit that I haven't seen such a confusion of ideas in Supreme Court jurisprudence for a long time, although in reality, the nonsense in the reasoning of decisions happens there more often than the average citizen thinks, even if it is. Knows the law, does not exclude field studies.

However, I have the distinct impression that, despite my will, the Supreme Court has opened a “Pandora's box,” as Dominik Jastrzebski, the Minister of Foreign Economic Cooperation in the government of Międzysław Rakowski, once said.

It must be said clearly – The Polish legal system does not consider the nullity of the decision.

In particular, not through any decree of the Supreme Court or any other body or even a group of lawyers celebrating the completion of their children's court training. 😉

This is a truth known to every lawyer in Poland, including Dr. Bodnar, Giertusk, and the seven mentioned in the trailer.

In a 1954 decision, cited ad nauseam in lectures, the Supreme Court stated:

The invalidity of the decision announced by the court, even if it was made by the wrong judge, can be declared only by the superior court – as a result of filing a complaint.

(II CR 1107/54, OSNCK 1958, No. 1, paragraph 21 with commentary by K. Stefka; W. Siedlecki, Przegląd, 1958, p. 658).

It is similar in civil law.

IN Code of Civil Procedure. comment (edited by Prof. dr hab. Andrzej Zieliński, dr hab. Kinga Flaga-Gieruszyńska) we read:

The invalidity of the proceedings does not in itself affect the effectiveness and enforceability of the judgment affecting the invalidity. The annulment of the proceedings and the failure to comply with the decision of the lower court (in whole or in part) can only happen if such a decision is appealed. Besides Proceedings may be annulled only in relation to the part of the contested decision. In the rest, even if it is invalid, the judgment becomes final (Article 363 of the Civil Procedure Code).

Can someone point to the second instance of the Constitutional Tribunal?

So we have a typical completelyAnd this was done by those who have to follow the law in particular.

However, such an attitude can very quickly find its way to… the Supreme Court.

The way, and it is the right one, goes… to the Constitution. In particular, art. 4 which specifies that The supreme power in the Republic of Poland belongs to the nation.

Higher authority is defined, first of all, positively, by referring to its attributes. Among them are originality, persistence, self-possession, complete authority and infinity. Attributes of sovereignty in its aspect of international law include: “Exclusive jurisdiction over one's own territory and citizens, exercise of competences in the field of foreign policy, making decisions about war and peace, freedom to recognize states and governments, establishing diplomatic relations, making military decisions.” alliances and membership in international political organizations, and finally conducting an independent financial, budgetary and fiscal policy” (W. Czapliński, A. Wyrozumska, Public International Law, p. 135; similarly see the decision of the Constitutional Tribunal of November 24, 2010, K 32 /09, OTK -A 2010, No. 9, paragraph 108).

(in: Constitution of the Republic of Poland. Volume I. Commentary on Art. 1–86, Ed.Prof. Dr. Marek Safjan, Ph.D. Leszek Bosek, 2016, Commentary on Art. 4)

Meanwhile, the main accusation against the current National Council of Justice is that its judges are elected by the Parliament.

Critics forget this ErIn accordance with the section of the above-mentioned Article 2 of the Constitution exercises power through his representatives or directly.

The members of the parliament are the representatives of the nation. Therefore, the nation, through its representatives in the Seimas, by electing the members of the National Council of the Judiciary, is simply exercising the authoritative powers vested in the State. 4.

In the meantime, we understand that the nation must be stripped of its power over judges and the National Judicial Council must be returned to the time when only judges decided its composition.

Therefore, we have a reason that all judges, who were once appointed with the participation of the National Council of the Judiciary in an unconstitutional composition (Article 4!), should be considered neo-judges and deprived of their right to work. profession.

At most, they can still participate in competitions.

However, the Supreme Court includes not only judges nominated by the president.

Here is a judge speaker, certain Tomasz Artymiuk, was anointed as a judge… by the Communist State Council, and in 1989 he became a member of the Communist Party (PZPR). At the time, in order to be considered, he also had to undergo Marxist indoctrination as part of the so-called WUML– Uh, that is Evening University of Marxism-LeninismPopularly known as Cirrhosis Evening University (liver) and laziness.

In 2007, this judge co-authored a legal principle, according to which, during martial law, judges not only could, but even had to apply the law retroactively!

In addition to the fact that the seven Supreme Court rulings challenging the Constitutional Tribunal's decision have no legal basis and are therefore a clear example of illegality, it should be noted that Artimiuk's presence on the bench causes damage. The nature of the court, and therefore the “refusal of the resolution”, is simply a social game, the participants of which were jokingly dressed in togas.

why Well, according to art. 61 § 1 of the Law on the General Court System, the judge must be of impeccable character.

Meanwhile, joining a communist, anti-Polish group that has been plagued by many crimes over the years calls Artymiuk's integrity into question.

In fact, his appointment by the communist authorities should be an absolute reason for the deprivation of the status of a judge.

We still have seven in the lineup Marek Pietrushinski and Andrzej Stepek.

Both had disciplinary problems in 2021. They were accused of allowing the illegal detention of a person.

In addition to the above, as well George Gruba They became judges during communism, so actually only three of the seven mentioned in the trailer received their first judicial appointment in the Polish Third Republic.

We remember very well the words of the late Dr Jerzy Targalski About the Supreme Court, the last bastion of the communist elites, which aims to prevent changes that could end their impunity.

A few years later, we see that after the loss of the Rzeplinski Tribunal, which was loyal to Tusk (we remember and will not forget that it was Rzeplinski who justified the company's theft of the Polish savings accumulated in OFE), everyone decided. Discrediting the Constitutional Tribunal.

Today's government and yesterday's totalitarian opposition follow the same example – they destroy what they cannot gain.

It doesn't matter if it applies or not public media, National Bank of Poland or constitutional Court.

All this under the guise of “restoring the law”, which upon closer inspection turns out to be… a complete misrepresentation, i.e. a distortion of the law itself.

In addition to politicians in shorts, because Rudy's entire team is made up of rookies or past failures like Sienkiewicz or Sikorski, we also have judges trying to take advantage of the confusion.

Meanwhile, one thing they are doing is working organically to take down the third power.

the case Or maybe everyone is just out to destroy us???

After all, none other than the current liquidator of culture and national heritage, Bartholomew Sienkiewicz, once said:

– The Polish state theoretically exists.*

The new one is coming back.

3/01/2023

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* Source: so-called WPROST tapes