Przyłębska: Such behavior undermines the independence of judges

"Such behavior undermines the independence of the judge" – said the President of the Constitutional Court Julia Przyłębska, referring to the statements of the associations of judges: "Themis" and "Iustitia", which considered the procedure for apply to the Supreme Court

In a statement of association published on Monday the PAP "Themis" wrote that the association is "against the unconstitutional and brutal seizure of the Supreme Court by the political majority states that participation in the procedures for seizure of seats in the Supreme Court directly supports the violation of the Constitution of the Republic of Poland. "

position that competitions for SN judges are" invalid ". In the resolution of the board of directors of the association published Monday, it was written that "other changes in the political system hardly allow the substantial evaluation of the candidates to the Supreme Court, and the competition procedure itself is increasingly unconstitutional. " On Wednesday at the Trójka radio stations of these two associations, she said that it is the opinion of a "certain group of judges".

"I would not use here familiar expressions or thorough assessments, but I think that this behavior undermines the judge's independence, because it's like a threat and causes some legal anarchy and a completely unacceptable situation for me, so the judge would appeal to another judge that he should behave in a certain way and threatening that it does not involve the in the manner indicated, it will suffer consequences. "This is unusual" – said the president of the Constitutional Court

She expressed the hope that the "ordinary judges" would stay out of the ongoing political conflict.

"I hope they're going into the courtroom and do not think about the categories in which their colleagues in the Supreme Court think, they just think in the category: we have a citizen to decide of his life and we should be independent s Przysębska

At the end of June, President Andrzej Duda's announcement concerning the vacancies of the Supreme Court judge was published in the Polish Monitor. According to the announcement, there are 44 vacancies in total. In accordance with the Supreme Court Act, any person who qualifies for the post of the Supreme Court may submit his application in the National Register of the Court within one month of the date of the decision. 39; ad.

In turn, on the night of Tuesday for Wednesday, the Senate without amendments passed amendments to the laws, including about the Supreme Court, the Judiciary, the National Council of the Judiciary and the Prosecutor's Office , who will now go to the president.

The president of the constitutional court was also asked Wednesday if Malgorzata Gersdorf was still the first president of the Supreme Court. The President of the TK replied that she was a "retired judge".

"Gersdorf was the first president of the Supreme Court, she retired by law (…) She could ask the president to practice the profession of judge, if she did not apply, she has retired, may be the president of the Supreme Court, retired, because only an active judge can be the first president of the Supreme Court, "said Przyłębska

. The President of the Constitutional Court also referred to Tuesday's letter, in which Gersdorf thanked those who protested to the Sejm and the Senate.

"It's a political behavior, I'm sorry to have lived to see the times in which the judge is behaving politically, because the constitution and law in force in Poland are clear that it's not a problem. a judge can not only belong to political parties, but also behave in a way that will not raise doubts as to his impartiality.Parling at one side of the political conflict, unfortunately, he mine the independence and independence of the court, "said Przyłębska.

Gersdorf wrote in a letter published on the Supreme Court website on Tuesday that "for several months we have faced an unprecedented attack on the judiciary, including the Supreme Court."

According to her, the purpose of the changes introduced is to obtain the majority of the influence on the activities of the courts, which exceeds the framework determined by the constitution. She noted that in the face of these changes "various types of organizations and groups of citizens are becoming". "This demonstrates their civic maturity and concern for the fate of the Polish democratic rule of law," the judge said. As she wrote, these demonstrations "are free from violence, most often distanced from current politics, testify to their maturity and courage."

Iwona Żurek