“This is a surprising construction – the prime minister does not know what he is signing, the minister is not responsible for it, and the unidentified official made a mistake. It is hard to believe,” says Bartłomiej Wróblewski, a PiS MP, in an interview with wPolityce.pl.
Prime Minister Tusk stated that there was an error in signing the president’s decision, according to which Judge Krzysztof Wesołowski was appointed chairman of the meeting of the Civil Chamber of the Supreme Court, and that the official who prepared this document “was not aware of the political nature of this appointment.”
After all, I don’t think it was a mistake. It is difficult to imagine that this decision was somehow taken mechanically by officials, and the document was presented to the Prime Minister and signed thoughtlessly.
– says Bartłomiej Wróblewski and adds:
I think that the Prime Minister consciously signed this decision to hold a referendum. However, he was frightened by the scale of the protests in his camp and shifted the responsibility to the official. At the same time, he protected his superior, Minister Berek. This is an astonishing construction – the Prime Minister does not know what he is signing, the minister is not responsible for it, and the unnamed official made a mistake. It is hard to believe.
New laws
Donald Tusk also announced that Justice Minister Adam Bodnar will soon present projects relating to the status of judges, the National Council of the Judiciary and the Supreme Court.
We have known for many months that Donald Tusk’s government is preparing bills, and these are usually bad, but sometimes not radical enough. Under the influence of the most radical part of the ruling camp, they are changing and becoming even worse.
— observes Bartłomiej Wróblewski.
In several cases, we have had to deal with situations where Adam Bodnar or, as now, Donald Tusk, ratifying the president’s decision, took decisions that were rational and should have been taken, for example, to ensure the functioning of the Civil Chamber of the Supreme Court, or that in order for the judicial system not to collapse, the radicals, the most revolutionary part of the political base, protested so strongly that they had to withdraw from it.
– he continues.
The direction adopted by Donald Tusk’s government is an attempt to restore the status quo ante, that is, an attempt to restore the situation prior to 2015. This is legally and factually impossible. Therefore, it is difficult to say what goal the government is currently pursuing. I assume that they want to keep the most radical supporters convinced that their expectations will be met until the presidential elections. Later, the government will face reality.
– says the politician.
There is no way to strike down the 3,000 appointed judges. There is no way to challenge the millions of decisions that have been made. Even creating mechanisms that would allow this only leads to ever greater legal chaos. In each pending case, legal representatives do not have to use only substantive arguments, but can argue that someone was a specific judge, was appointed or ruled in specific circumstances. This, even if it does not nullify the judgment, often delays the process for a long time.
– recalls and summarizes:
The situation in the justice system is catastrophic and this political game, in my opinion a game of time, played by Prime Minister Tusk and his entourage, only intensifies these problems.
Impact on independence
In an interview with wPolityce.pl, Bartłomiej Wróblewski also assesses whether the changes could affect the independence of the Polish justice system.
The independence of the courts and judges is already being violated. We are dealing with a kind of persecution of some judges. But this is causing more and more resistance. Many judges who are not defenders of law and justice see that the consequences for the justice system are disastrous.
– emphasizes the PiS deputy.
This method of action, adopted by a rebellious part of prosecutors and judges, followed by Tusk and Bodnar, leads to the fact that wherever it is – at the prosecutor’s stage, in the first or second instance, in the consideration of a case by the Supreme Court, in the normal course or an extraordinary complaint, whenever there is a person who was appointed or promoted after 2015 there is a basis for questioning the proceedings or sentence, which in fact means that any procedural action or sentence in Poland today can be interrupted and this has serious consequences for people.
— observe and point out what the consequences may be:
No one can be sure whether they have acquired the property, whether they have been duly compensated, or whether the registration in the land and mortgage register is final, because the mechanism of distrust regarding everything that has happened since 2015 affects specific issues of people, regardless of their views. All of this is heading towards a major catastrophe.
Bartłomiej Wróblewski reminds us that these changes will not happen next year:
President Duda is a responsible politician and will not sign any law that is incompatible with the Constitution or that could have consequences for citizens.
READ MORE:
— Chaos or fear of criticism? Tusk apologizes for Judge Wesołowski’s signature: documents were poorly prepared
– ONLY WITH US. Milewski: Some judges are thirsty for revenge for the reform of the judicial system. It deprived them of some of their privileges
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