The rule of law means independent courts. It also means the independence of the judges that are subjected only to the Polish Constitution and the law.
To undermine the status of the judges and the validity of the judgements questions the constitutional foundations of the State. It leads to legal chaos in Poland. It evokes anxiety in Polish citizens as to the validity of Polish courts’ judgements.
Therefore, the Polish Cabinet expresses its concern regarding the actions of judges who -- through public statements -- manipulate the substance of the EU Court's of Justice judgement delivered on 19 November 2019.
The unprecedented act of calling on judges to refrain from adjudicating undermines judicial independence and public trust towards the judiciary. The article 179 of the Polish Constitution states that the appointment of judges cannot be subjected to judicial revision, which is consistent with the above-mentioned ECJ judgement.
The Polish Cabinet confirms that the basis for the constitutional order in Poland is and must be an independent judiciary. The fact that they undermine this constitutional order and take sides in the current political debate is contrary to the principle of judicial independence.
A judge's main obligation is to stay apolitical as expressed in article 178 section 3 of the Polish Constitution. It is also a warrant of trust towards the judiciary.
It is with great concern that the Polish Cabinet reacts to the events which took place during recent public rallies organized by the judges, in particular to allowing for political demands to be made or using of explicit language.
Courts should be independent, fair, bipartial and should enjoy unquestionable authority. Polish citizens should regain faith in fairness of the judiciary and should not wait years for court verdicts.
Therefore, the Cabinet's aim is to continue with the reforms to improve the effectivness of the judiciary, to rebuilt trust towards it. At the same time, the Cabinet aims at guaranteeing judges their independence against corporate pressures coming from within the judiciary, as well as from any political sources.