The position of the Council of Ministers on the situation in the administration of justice

The rule of law is supported by independent courts. It is also based on independent judges who shall be governed solely by the laws and the Constitution of the Republic of Poland. Undermining the status of judges and the validity of their decisions strikes at the constitutional foundations of the rule of law. It leads to legal chaos in Poland. It creates doubts among Poles about the validity of rulings issued by the courts which each year resolve several million cases. 


That is why the Council of Ministers is concerned about the conduct of those judges who, through their public utterances and actions, question the status of other judges, thereby manipulating the ruling of the Court of Justice of the European Union issued on 19 November this year. The situation when certain judges appeal to other judges to abstain from adjudicating is an unprecedented action that violates judicial independence and undermines confidence in the judiciary. As it follows expressly from the wording of Art. 179 of the Constitution of the Republic of Poland, the act of appointing a judge shall not be subject to judicial review. Similar conclusions can be drawn from the ruling of the Court of Justice of the European Union.

The Council of Ministers takes the position that constitutional order in Poland is and must be based on autonomous judiciary that relies on independent judges. Judicial independence is challenged by those who undertake actions that undermine constitutional order and fall within the context of political disputes.

Caring for trust in the administration of justice by adopting an apolitical attitude expressed in Art. 178 sec. 3 of the Constitution of the Republic of Poland is one of the most important obligations of a judge. The Council of Ministers notes with concern some events that took place during demonstrations organised by the judges themselves in recent days, in particular the fact that the judges were allowed to formulate postulates of a political nature and use indecent words which are hardly appropriate to the standards of a public debate.

Courts must be independent, just, impartial, and they must have undisputed authority. Poles, on the other hand, must regain their trust in justice ensured by courts, which does not have to be awaited for several years. Therefore, it is the intention of the government to continue the reforms that are to improve the functioning of the courts and rebuild trust in them, ensuring that the judges are fully independent from corporate pressure of their own environment, as well as from political pressure.

 


See also