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    Polish judiciary

    Yesterday’s hot topic in Poland is the overhaul of the judiciary system which has seen little reform since the communist days 30 years ago. Many pose the question whether Poland is a democracy, or rather a judiciocracy? Politicians of the ruling camp have no doubt that recent actions of part of the judicial community based on a ruling be the European Court of Justice, might lead to legal anarchy. The opposition, in turn, argues that the new proposed amendment to the legislation regulating the structure of the court system is of repressive nature that undermines the legal order.

     ”Who, according to the constitution and according to the recent verdict of the European Court of Justice, has the right to nominate new judges? We have to ask this fundamental question. In my opinion, such a right does not belong to a group of Supreme Court judges, it is a right reserved for the Polish president. What is happening right now, in my opinion, is an attempt to change Poland’s political system, from democracy to. judiciocracy”- says Patryk Jaki, European Parliament MP.

     ”The basic rule in democratic countries is that judges do not comment on political matters. This is the norm, which is observed in democracies, and first of all in the Western Europe. Judges do not take part in political actions just because of this, so later, when they deal with matters dealing with political issues, there is no doubt they are impartial. It’s necessary for judges to be unbiased in the eyes of ordinary citizens, this is very important”- says Andrzej Duda, President of Poland.

     ”The proposed amendment is not on the agenda of the coming parliament session. Despite that, the new speaker of the senate, who is from the opposition party, announced that he will make sure that he receives the opinion of international experts, have public hearings on the matter and even encourage Poles to street protests. In defense against the judicial reform including street protests, stood former president Lech Walesa and former prime minister Donald Tusk. Donald Tusk also stated that the so-called policy of ‘taking the streets and international intervention” called for some time ago by the leading opposition politician Grzegorz Schetyna was correct and effective, yielded necessary results, and might play a positive role in Poland’s history”- says Aleksandra Zarzycka, TV Republika.


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