President Karol Nawrocki has presented a draft bill on restoring the right to a court and to have cases examined without undue delay. The proposal of the head of state has been criticized by representatives of the December 13 coalition.
“The bill is intended to fundamentally organize the situation in the judiciary and adopts the perspective of the CITIZEN, in light of the increasingly destructive rulings of certain judges who challenge the status of their colleagues in the profession” – said attorney Bartosz Lewandowski.
Act on the National Council of the Judiciary Vetoed by the President
President Karol Nawrocki vetoed the Act on the National Council of the Judiciary.
“If systemic law is written to serve the interests of a particular authority or a narrow group, the ordinary citizen always loses. Sometimes slowly, in silence, through everyday difficulties, and sometimes suddenly, when it turns out there is no one to appeal to and nowhere to seek justice. As President of the Republic, I have a duty to safeguard the Constitution and to care for the interests of citizens. The Act on the National Council of the Judiciary does not fulfill this purpose and, in fact, contradicts it,” he indicated.
The head of state also presented his own proposal – a draft bill on restoring the right to a court and to have cases examined without undue delay.
“The Act aims to ensure the implementation of the right to an impartial and independent court and to guarantee that cases are examined without undue delay by a court composed of independent judges” – states Article 2 of the document.
Lewandowski: The Bill Puts the Citizen First
Attorney Bartosz Lewandowski addressed the president’s proposal in a social media post.
“After reviewing its content, I can already see why there has been such agitation on the government side. The bill is intended to fundamentally organize the situation in the judiciary and adopts the perspective of the CITIZEN, in light of the increasingly destructive rulings of certain judges who challenge the status of their colleagues in the profession (for example, the recent claim that a divorce judgment does not exist)” – he wrote.
He also indicated that “under the draft, a judge who deliberately refuses to administer justice (for example, refuses to adjudicate with another judge, challenges another judge’s status, claims that a ruling does not exist), thereby undermining the legal system in Poland – despite being called upon to perform their duties – ceases to be a judge, which is equivalent to resigning from office.”
As stated in the draft, it introduces strict prohibitions on any political activity by judges, as well as membership in associations or social organizations of a professional or political nature that oblige judges to comply with resolutions of their authorities, as this violates judicial independence.
“In the opinion of the proposer, it cannot be the case that a judge belongs to an organization that takes a political stance and then enters the courtroom and is regarded as impartial and objective” – he explained.
Attorney Lewandowski also emphasized that “contrary to what Minister Dariusz Mazur claims, the draft is consistent with the case law of the Court of Justice of the European Union (CJEU) regarding a citizen’s right to demand that a judge disclose membership in a specific professional or political association.”
The Court of Justice of the European Union – although ruling beyond its competences – found that it is compatible with European law for a party in specific proceedings to request disclosure of a judge’s membership in a particular organization in order to consider filing a motion to exclude that judge.
“The President – importantly – recognized that the consequences of prolonged proceedings resulting from certain judges overturning rulings cannot burden the citizen,” argued Lewandowski.
He also pointed out that the Act provides for the introduction of an obligation to “uphold a complaint about excessive length of proceedings if a judge overturns a ruling due to questioning another judge’s status, thereby prolonging the process, even though the party did not request it.”
In such a case, the citizen would receive compensation ranging from PLN 6,000 to PLN 40,000.
In extreme cases, the draft provides for criminal liability for persons who – as public officials, including judges – challenge the status of other judges and the constitutional order (for example, by refusing to recognize the case law of the Constitutional Tribunal) – as stated in the document.