The-position-of-all-4-associations-of-judges-in-poland-on-the-reform-of-the-judiciary

The position of all 4 Associations of Judges in Poland on the reform of the judiciary.

On January 20th 2017 the Polish Minister of Justice announced the propositions of the reform of the judiciary.


The goal of some of these proposals is to subjugate the judiciary politicians with the detriment of citizens. The proposal of electing the judges - members of the National Council of the Judiciary by the Parliament may lead to their involvement in politics. Priority given the graduates of National School of Judegs and Public Prosecutors (subordinate to the Minister of Justice) in taking up the position of assessor (junior judge) and the giving the President the right of choosing one person appointed to the post of Judge of the two candidates proposed by the so politicized the National Judicial Council expressly seeks to take full political control over the process of nomination of the new judges into the judiciary.


The declaration of the foundation of para-court or in other words the Disciplinary Chamber of the Supreme Court in connection with the extra authorised Public Prosecutors will give the Minister of Justice, who also is the Prosecutor General  a tool to influence the currently adjudicating judges. There are the situations when the judge dealing with the trials involving active politicians or making decisions upon which politicians formulate their expectations. The threat of starting the disciplinary action by prosecutors subordinate to the Minister of Justice (The Prosecutor General) can be a tool to exert political influence on the judge who decides the fate of a single citizen.
Independence of the courts and the independence of judges is not a privilege, but a guarantee for the citizen, that his case will be dealt by a impartial judge, who is free from pressure from politicians. Cited solutions are a negation of the constitutional values.

Management Boards:
Polish Judges Association "IUSTITIA"                               Association of Judges “Themis”
Association of Family Judges in Poland                             Association of Family Judges “Pro Familia”

 

translator: Tomasz Posłuszny