The magistrates also denounce the “legal chaos” caused by the tensions on the Warsaw-Brussels line.
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It was Jaroslaw Kaczynski, the leader of majority and a strongman of the country, who made the announcement in person: the Polish government provides for a new phase of justice reform. And if the project is not yet out of the drawers of the Ministry of Justice, the main lines already have enough to worry the magistrates who fear that, under the cover of compromise with Brussels, the Conservative National Government pushes the nail, and completes the politicization of the judicial system.
“It is necessary to control the anarchy that reigns today in the courts, and the institutions which have not been proved to be liquidated. The disciplinary chamber [of the Supreme Court] has not been proven “said, Saturday 16 October, Kaczynski during a radio interview. The removal of this chamber, perceived as an instrument of repression of the judges, had been claimed by a judgment of the Court of Justice of the European Union (CJEU) in July, Brussels by making a condition to unlock the Funds of the Recovery Plan European.
But while going in the direction of the Court of Luxembourg, the government provides for two major structural changes that could, paradoxically, increase the conflict with the European institutions. On the one hand, he wishes to limit the skills and size of the Supreme Court and, on the other hand, reduce the number of administrative levels of the common rights courts. Upheavals that, in the opinion of the virtual unanimity of magistrates, have heavy threats on the proper functioning and independence of the courts.
Deep “Legal Chaos”
The Supreme Court would thus withdraw its cassation skills, which would result in a significant reduction in the number of judges. “The goal is clear, denounces Krystian Markiewicz, President of the Polish Judges Association Iustitia. First of all, the number of judges appointed to the Court, as is the case now, then we reduce its workforce to Keeping that “his” nominees. The same path was followed in Hungary and Turkey. The goal is to have a docile supreme court and orders, like the current Constitutional Court. “
As for the removal of an administrative level in the courts of common law and the establishment, in place of “subsidiaries”, the consequence will be a facilitation of the removability of judges and cases between the courts. “The CJUE has already ruled that the principle of irrelevance of judges is at the heart of European law. These changes will therefore be contrary to European case-law and the Commission has the duty to take this into account,” says Markiewicz.
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