- Work in the so-called courts The role of the official judges is often ambiguous because they hardly make any decisions
- The Minister of Justice issued a regulation that is expected to change this situation. The regulation applies mainly to presidents and vice-presidents of courts and members of the National Council of the Judiciary
- The latter accuses Adam Bodnar of “wanting to paralyze the Council”
- More important information can be found on the Onet home page
As a result of increasing delays in the courts, where the wait for the next hearing date can be up to more than a year, in September this year. The Minister of Justice Adam Bodnar decided to increase the number of duties called officials.
Their work in the courts, as well as their activities – whether they were president, member of the National Council of the Judiciary, or disciplinary speaker – were often rude, because almost they did judge at all.
for example disciplinary prosecutors at courts appointed during the times of Zbigniew Ziobro they could make a judgment in every tenth case that came to the court only, because the percentage of cases submitted to the court could go to 10%. Members of the National Council of the Judiciary, presidents or vice-presidents of the courts only heard every fourth case, because they were receiving cases in the 25% category. For line judges who did not perform additional tasks, the impact of cases was 100%.
A real job in addition to maintaining a position. For members of the National Council of the Judiciary this is “paralyzing”
Adam Bodnar decided to send official referees to real work. According to the regulation, which came into effect on October 1, court leaders will not control 25% but 30% of cases.
Disciplinary prosecutors rule on 90% of cases. cases, and members of the National Council of the Judiciary in 80 percent cases that come to their report. And this was the one that most affected the members of the Council, which was politicized under PiS. Hence the complaint to the Constitutional Tribunal.
“Therefore the changes that have been introduced (…) are intended to paralyze the work of the Council,” we read in the resolution of the complaint to the Constitutional Tribunal. In addition, members of the National Judicial Council write that the current government is “persecuting” them.
According to the members of the Council, Minister Bodnar’s plan “fits into a wider context of the executive power’s actions, such as: eliminating judges from delegations without justification, employing ad hoc disciplinary prosecutors to prosecute Council membersinitiate a trawl investigation into the activities of members of the Council, including the adoption of one of the resolutions, remove members of the Council judges from their activities in the courts in violation of the principle of term of office, or even a deficit of the salary of a judge member of the Council for the period of activity in the Council.
The official reason for the complaint? The minister did not consult the ruling with the National Council of the Judiciary
The basis for the application of the National Council of Justice to the Constitutional Tribunal is that Minister Bodnar does not claim that the Council did not advise on the content of the regulation. However, the minister sent the draft of this document to the Council, giving it seven days to submit its opinion and saying that a lack of opinion would mean that the Council would accept the draft regulation.
Members of the National Council of the Judiciary did not comply with the seven day deadline and requested additional information from the ministry. They didn’t get it, and the management came into action. This, according to the Council, is “a direct and obvious violation of the principle of the democratic rule of law” and “a serious violation of the constitutional order”.
The National Council of the Judiciary, working as it is now, is an organization that was established during the PiS government. The judicial members of the neoKRS were chosen by politicians in the Sejm, who were against the Constitution. The National Council of the Judiciary, established during the PiS government, included people associated with PiS and Solidarity/Sovereign Poland politicians, including most heads -seat of court appointed by Zbigniew Ziobro..
The current head of the National Judicial Council is a school friend of the former Minister of Justice Dagmara Pawelczyk-Woickaand the Council is responsible for naming the so-called non-judicial. According to the judgments of European courts, these people are wrongly appointed and cannot be considered a court of law.
2024-10-09 18:47:00
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