The Statement of the National Board of the "Iustitia" on November 16, 2018 regarding the consequences of the competition for the positions of the judges of the Supreme Court

The "Iustitia`s" National Board fully supports the statement of the President of the Supreme Court Stanisław Zabłocki expressed in the ordinance of November 5, 2018 on the removal of the cases designated for judgement to Wojciech Sych and the failure to appoint Wojciech Sych to the adjudication panels.

It is a manifestation of deep concern for the justice system, the authority of the highest judicial authority and safety of the parties of all the cases pending in the Supreme Court.

The threat of disciplinary liability of the judges of the Supreme Court, expressed in the statement of the body currently performing the function of the National Council of the Judiciary of 9/11/2018, we regard as scandalous, which was rightly pointed out by the President of the Supreme Court Dariusz Zawistowski.

There are no grounds for reviewing the activities of the judges of the Supreme Court and threatening them with an authority that operates in a formation not in accordance with the Constitution and that does not support the judicial environment. This entity, instead of upholding the independence of the courts, takes actions that undermine the independence of the courts, the independence of judges and the tripartite system of powers.

Unambiguously criticism should be given to the President of Poland requesting nominations of candidates for the judges of the Supreme Court despite the provisions on granting collateral issued by the Supreme Administrative Court, as well as the delay in sending the files to this Court.

In the scope of: 1) provisions of the Supreme Administrative Court suspending the implementation of resolutions of the body currently performing the function of the National Council of the Judiciary, 2) orders of the Court of Justice of the European Union of 18/10/2018, 3) opinions of legal authorities indicating invalidity of competitions ordered without countersignature of the Prime Minister; unconstitutionality of the current National Council of the Judiciary, 4) judgments of the Constitutional Tribunal indicating the unconstitutionality of competition proceedings conducted without effective judicial control - there is no doubt that persons appointed as a result of the abovementioned competitions should not adjudicate in the Supreme Court - at least to answer the Supreme Court's questions for a preliminary ruling.

Respecting court decisions is the responsibility of everyone, including the judge. A manifestation of the respect for the principle of the rule of law is the failure to perform judicial decisions in the Civil Chamber and the Criminal Chamber of the Supreme Court by persons appointed in defective nomination competitions. Its contradiction is taking up judicial decisions in the Disciplinary Chamber and in the Extraordinary Control Chamber and Public Affairs. Lack of respect for these values ​​and non-compliance with the decisions of the Supreme Administrative Court calls into question the legal and ethical qualifications of persons who are to perform the honourable duty  of the judge.

In view of the above-mentioned reservations regarding the nomination procedure, there is a very serious risk that the decisions issued with the participation of the persons concerned will be invalidated in the future. The vision of an unprecedented, destructive legal chaos becomes real. Everything must be done to minimize this risk.

SSP "Iustitia" solidarizes with people who care for the legal order, system stability and citizens' trust in the State of Law.


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