“Minister of Justice Recalled 10 judges from the delegation to the Ministry of Justice, 3 to the office of the National Council of Justice, 1 to the Institute of Justice and 2 to the National School of Courts and Prosecutors, this happened on January 12, 2024. The decision was the result of a preliminary discussion by the personnel, with a special emphasis on judicial delegations not only in the Ministry, but also in the facilities subordinated to Minister Bodnar. It has emerged that many positions – currently delegated by judges – could be filled by officials. Thanks to this, the judges will have the opportunity to return to their courts and report there,” reads the statement of the Ministry.
Judges were dismissed from delegations
In addition, Bodnar also removed three judges from judicial delegations to the Courts of Appeal. “Judges previously issued decisions in Warsaw and Krakow District Courts. The Supreme Court verified them during independence tests. The result was negative. Hence, Minister Bodnar's decision. It is important that the parties are guaranteed the right to a fair trial before an independent and independent. Impartial court” – it is noted.
The Ministry of Justice points to the case law of the European Court of Human Rights, which questions the legality of the National Council of the Judiciary.
“In light of the well-established case law of the ECtHR (including the case of Wałęsa v. Poland of November 23, 2023 – Application No. 50849/21), the court's decisions (including the decision of November 19, 2019 – AK case from the consolidated applications C 585/18 , C 624/18, C 625/18) and decisions of the Supreme Court (including the Resolution of the Joint Chambers of the Supreme Court of January 23, 2020, BSA I-4110-1/2.), of the National Council of the Judiciary established by the Law of December 8, 2017 The composition (Journal of Laws of 2018, Clause 3) does not comply with Article 187 of the Constitution, which raises doubts. As for the independence and impartiality of the judges appointed with the participation of this body. Pursuant to the aforementioned resolution of January 23, 2020 (which is the implementation of the aforementioned court decision of November 19, 2019), the Supreme Court conducted a series of so-called independence tests, the result of which was negative for the judge delegated by Article 77, paragraph 1, paragraph 1 of the previous for review by the Minister of Justice in the higher courts, which means that the judgments rendered. They would be defective in the higher court, the results of which would be unfavorable for the parties,” the Ministry of Justice said in a statement.
“The minister is dismissing specialists who have worked in the ministry for many, many years, including under the previous government. They were the authors of many important and necessary laws which restored justice – bailiffs or anti-begging laws. political. Blindness to the detriment of the justice system,” he says. Former head of the Ministry of Justice, MP Markin Varcholi.
Also read:
Sopinski invites Matchak and Zaradkevich to a debate. is it possible to talk