Iustitia submits a draft law providing for the return of judges delegated to the Ministry of Justice to the courts, withdrawal of the right to appoint court presidents by the Minister of Justice and changes in the law of the National Council of Judiciary

08/28/2019

At a press conference convened today (August 28, 2019), the National Board of the Polish Judges Association Iustitia called on all judges delegated to the Ministry of Justice to return to the courts immediately and to end work for politicians. The draft also provides that the Minister will have no longer the right to appoint court presidents introduce a democratic method of electing the members of the National Council of the Judiciary by all judges. Judges from Iustitia also postulate that the presidents of the courts to be elected by the judges in their courts and to be approved by the New National Council of the Judiciary. This all is contained in the draft bill, which has been sent to all Parliamentary Clubs today.

- No more joining the judiciary with the executive. No more fiction. Politicians should deal with politics and judges should adjucate - says prof. Krystian Markiewicz - Recently discovered pathologies show that such changes are necessary. There are judges who were delegated to the Ministry of Justice after 3 months of being appointed and later spent 20 years in Warsaw! What can they know about adjudication?

The bill also provides for disciplinary ombudsmen being independent from politicians. The judge's ethics, reliability of work performance and work standards for society should be the basis for the functioning of a Disciplinary Chamber in the Supreme Court.

Cooperation of judges and politicians has proved impossible in practice. - emphasizes prof. Markiewicz - The last four years, and in particular the disclosed use of functions by Deputy Minister Lukasz Piebiak and his associates, show that if politics enters the courts it becomes a place to use their function for personal vendetta on citizens. The temptation to use secret information and abuse their offices turns out to be too great. There is a need to separate these worlds and efficient enforcement of law and ethical standards by the judicial community.

Judges currently employed at the Ministry of Justice were summoned a few days ago in the Iustitia`s resolution to return to work in the courts within three months at the latest. The draft bill provides that they will have to decide whether they will be public officers or judges who will return to their courts. As for Mr. Piebiak and Mr. Iwaniec and other people disclosed by democratic media, we call for independent disciplinary proceedings and to bring all consequences to them. Being a judge is the highest distinction, but also a commitment to being an example to citizens. Taking confidential documents, organizing harassment of judges and citizens are shameful standards known only in the world of politics. Similar cases have never occurred in Europe among judges.Iustitia calls parliamentary clubs to vote on the submitted bill before the election. If the declarations of the desire to clean the judicial environment of pathology are true, then the separation of the judiciary from politics is the only tool.