COMMENTS REGARDING RESOLUTION OF JOINT CHAMBERS OF THE POLISH SUPREME COURT OF 23 JANUARY 2020
1) Official statement published on the website of the Ministry of Justice of 23 January 2020:
„The resolution is invalid by virtue of law. It was issued in gross violation of the law. It infringes Article 179, Article 180 paragraph 1 and Article 10 of the Constitution of the Republic of Poland. Contrary to applicable laws, the Supreme Court adopted a resolution in proceedings regarding the challenge of the status of judges appointed from participation of the current National Council for the Judiciary”, the Ministry of Justice wrote in a statement.
The Ministry stated that the said proceedings „had been suspended by law on January 22, 2020, when the dispute over jurisdiction between the Supreme Court, the Sejm and the President of the Republic of Poland had been initiated.”
„Until the Constitutional Tribunal’s ruling, no action may be taken in this matter. The Supreme Court’s resolution is therefore invalid by law,” declared the Ministry of Justice.
2) Statement of the Minister of Justice Zbigniew Ziobro during the press conference on 23 January 2020:
“It cannot be that one state body falls within the competence of all three bodies and takes decisions for them falling under their exclusive competence, because then we would not be dealing with democracy or the constitution or the rule of law, but we would be dealing with completely another system order, which fortunately in Poland does not apply”
3) Examples of the short comments on the supreme court resolution that appeared on the so-called „stripes” broadcasted during information programs on public tv:
- “The judge’s caste destroys Poles”,
- “The Supreme Court breaks the constitution”,
- “Illegal resolution of the Supreme Court”, – “The judge’s caste is fighting democracy”,
- “The Supreme Court has put itself above the law”,
- “The judge’s caste destroys the Polish state”,
- “The rule of law or the rule of judges?”
- „The Supreme Court questioned the principles of democracy”
- Public statement of Polish Prime Minister Mateusz Morawiecki of 24 January 2020:
„Judges of the Supreme Court wanted to put themselves above the constitution yesterday’s resolution. To say that there are objections to this resolution is nothing to say. Only the Constitutional Tribunal is competent to resolve this type of competence dispute. Some Supreme Court judges claim the right to enact such a law, where only the Sejm and Senate have the right to do so in the constitutional order of Polish law”.
- link to the Deputy Disciplinary Commissioner of the Ordinary Court Judges, Przemysław Radzik, TT statement on the Polish Supreme Court’s three joint chambers resolution of 23 January and its translation:
”Today’s position of some judges of the three chambers of the Supreme Court is nothing more than an unlawful attempt to change the system of the Republic of Poland. It has no binding force, and judges questioning the legality of the appointment of other judges will be disciplinary prosecuted”.