Statements of the Assembly of Judges of the Katowice Appeal Court District 16th April 2018

April, 16 2018 r. Statement no. 1 of the Assembly of Judges of the Katowice Appeal Court District

 

About the National Council of Judiciary and about the publication of the Constitutional Tribunal verdicts and the following amendments to the Law on the system of the common courts.

The Assembly of the Judges – representatives of the courts of the Katowice Appeal Court district fully supports the statements no. 1 about National Council of Judiciary and 2 about the publication of the Constitutional Tribunal verdicts taken by Assembly of Judges of the Katowice Appeal Court District on April 9, 2018.  

In details the Assembly would like to point, that those regulations - the law on December 8, 2018 on the change of the Law on the National Council of Judiciary, which lead to the expiration of the tenures of judges, properly elected by judges and exchanging them by judges chosen by politicians, but also about the publication of the verdicts of the Constitutional Tribunal from March 9, 2016 (case K 47/15), from August 11, 2016 (case K 39/16 and November 7, 2016 (case K 44/16),  are non-constitutional.

Also, due to the official announcements, that Parliament after April 9, 2018 r. works on the next amendments about the Regulations introducing the organisation and procedure before the Constitutional Tribunal and the Law on the status of the Constitutional Court`s judges (parliamentary blueprint no. 2388) and about the change of the Law on the Supreme Court  (parliamentary blueprint no. 2390), the Assembly finds it important to find, that:

-Creating the law on the publication of the verdicts of the Constitutional Tribunal is unnecessary, and naming the Tribunal verdicts as the decisions without any legal power, is unacceptable political intervention of the legislative power into the judicial branch of the government.

-The newest change of the Law on the Supreme Court does not reverse the effects of the previous changes, but quite opposite leads to the even bigger limitation of the judicial independence.

 

December 1, 2017 r. Statement no. 2 of the Assembly of Judges of the Katowice Appeal Court District.

The Assembly of the Judges – representatives of the courts of the Katowice Appeal Court wishes to express their upset about for 2 years growing problem of the lack of judges in the courts.

Because of the decision of the Minister of Justice, which cannot be explained in the reasonable way, who obstinate to  announce the vacancies of the judge`s posts in the courts. In the Katowice Appeal Court there are 11 free vacancies, which are about 10% of the overall number of the judges in this court. This situation makes the work of the court even more difficult due to the grooving number of cases coming into the court. The decisions to delegate judges from the Regional Courts to the Appeal Court done by former and already dismissed Presidents of the Appeal Court were blocked by the Minister of Justice.

Those obstructive Minister`s decisions already result in slowing down the number of cases finished, and in future will effect in even slower recognising the cases.

Having thin on mind the Assembly asks the Minister of Justice, if he cares about the quality of the judicial service and if he cares about the citizens to announce the vacancies freed in the Katowice Appeal Court  to be filed as soon as possible.

  

December 1, 2017 r. Statement no. 3 of the Assembly of Judges of the Katowice Appeal Court District.

The Assembly of the Judges – representatives of the courts of the Katowice Appeal Court expresses its strong protest against arbitral, and non-constitutional dismissals of the Presidents and Vice-presidents of the courts by the Minister of Justice, who in even more arbitrary way appoints new presidents, who sometimes are not respected by judges in their courts.

The assembly finds it necessary to underline, that dismissal of the President and the Vice-presidents of the Katowice Appeal Court was done without any merits, had no explanation. Also the way it was done – by fax only is contrary to elementary cultural standards.