The Republic of Poland is currently plunged into electoral chaos. Last Sunday was a date of the Presidential election, which did not take place. Also in the Supreme Court the election of the candidates for the First President of the Supreme Court are going on. Actually the situation in the Supreme Court is difficult to be called election.
Mr. dr hab. Kamil Zaradkiewicz, who has been subject to disciplinary action since July 2019. This did not worry President Andrzej Duda, who appointed Mr. Zaradkiewicz for the position of performing the duties of the First President of the Supreme Court basing on the so-called the muzzle law (which in the opinion of many lawyers is contrary to the Constitution).
We strongly oppose the scandalous behavior and decisions taken by Mr. Zaradkiewicz, who at the present chairperson of the General Assembly of the Judges of the Supreme Court. Below we describe his behaviour, which in our opinion are the examples of spoiling the legal culture and deepen the legal chaos in our country:
1. Rejection of the request to adopt the regulations of the meeting.
Mr. Kamil Zaradkiewicz without any justification rejected the request to adopt the rules of the agenda. Due to such disorderly action, two days were not enough to even choose the members of the electoral commission. Such behaviour is known from the infamous world of current parliamentary majority policy, and not from the world of law and judicial power in which judges operate.
2. Rejection of the request to exclude from the meeting persons illegally appointed by the new-NCJ and President Duda
Mr. Kamil Zaradkiewicz proceeded analogously with the request to exclude from the deliberations of the General Assembly of the Supreme Court persons illegally appointed by the new – NCJ and President Andrzej Duda. Thus, he violated the April 2020 decision of the Court of Justice of the European Union, which questioned the judicial powers of these people. Only independent judges can choose the candidates for the First President of the Supreme Court from among the independent judges.
3. Questioning the resolution of the Electoral Commission not to select a electoral commission
Mr. Kamil Zaradkiewicz arbitrarily questioned the resolution of the Committee, which stated that in the third vote the electoral commission was not elected. Such an action may fulfill the features of a criminal offense of abuse of power under Art. 231 of the Criminal Code, and if it is based on the conduct and termination of the Meeting documented in the minutes, it will be able to fulfill the features of the crime of intellectual falsehood under Art. 271 of the Penal Code
In connection with the above mentioned facts, on behalf of the Polish Judges Association gathering of nearly 4 thousand of Polish judges, we appeal:
- to Mr. Zaradkiewicz for respecting the rules and principles of operation of the Supreme Court, an institution that has more than 100 years old tradition.
- to the other new-judges to behave in a way consistent with their judicial oath.
- to the politicians of the ruling majority to refrain from further violations against the rules of a democratic rule of law. We expect to proceed in accordance with the order expressed in the Constitution, and not with the will enshrined in some party agreement of two deputies.
We oppose the manipulation of the law, increasing the state of uncertainty and opacity both with regard to the election of the First President of the Supreme Court and the President of the Republic of Poland.
At the same time, we assure you that we will make every effort to ensure that everyone who contributes to the attack on the constitutional body, which is the Supreme Court and the First President of the Supreme Court, will face justice and will be responsible for their actions. We are sure that the obligation to bring punishments to all, who breach the law lies with the entire legal community in our country.