This was presented by the Minister of Justice Adam Bodnar on Friday Assumptions of change In the provisions on the National Council of the Judicial System (KRS).
The main point of the proposal assumes that the judicial members of the National Council of the Judiciary will not be elected by the Seimas. 15 judges (out of 25 members of the council) will be elected by direct and secret elections of judges in the country.
Kaleta: The proposal is unconstitutional
The project of the Ministry of Justice was negatively assessed by the former Deputy Minister Sebastian Kaleta. He summed up his position in a post on the X platform.
“Adam Bodnar had a unique opportunity to be around Issues of the National Court Registrywhich causes a huge social and legal dispute, come up with a proposal that can become the basis of any honest conversation about our country and its future”, – we read in Kaleta's comment.
“He chose a radical path, that is, the total rejection of judges appointed after 2018 and the right to appoint judges in Poland was completely given to the judges themselves,” he added.
Neo and Paleo referees
“The caste system proposed by Adam Bodnar, divided into Neo, Paleo, Exclusion and Segregation, is unfortunately an emanation of the government of chaos we currently have. Of course, these proposals violate the Constitution, both Articles 187(1)(2) and 144(3)(3)(3) 17),” calculated the deputy of sovereign Poland.
Kaleta invited art. 2 of the Constitution, asserts that Poland is a democratic state governed by law, and power – in accordance with art. 4 The same – carried out by people through representatives or directly. “A system in which citizens are deprived of any influence over who exercises judicial power on their behalf is contrary to these basic principles.. For this reason, the proposal of the Ministry of Justice would be unconstitutional if it did not divide judges into judges and non-judges,” he said.
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Bodnar on the essence of the project
At the press conference held on Friday, Minister Bodnar stated that the draft of the new act has been submitted for public discussion. – The draft law is dedicated to the issue of electing members of the judges of the National Judicial Council. (…) I hope that all participants of public life interested in this issue will respond to the bill, he said.
– In short, the project was formed as follows: The judges themselves, with the support of the State Election Commission, will select the judges and the members of the National Council of the Judiciary.. That these elections should be transparent and accessible so that the judicial community is represented – said Bodnar.
“The second requirement in this act is the creation of a social council, that is, a body that, in a certain way, will support the National Council of the Court in fulfilling its constitutional tasks,” said the head of the Ministry of Justice.
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