Prime Minister Donald Tusk and Minister of Justice Adam Bodnar presented the assumptions of a fresh bill to regulate the position of neojudges appointed after 2017. The task provides for the withdrawal of part of the promotions and the introduction of fresh rules on disciplinary liability of these judges.
Meeting at the Chancellery of the Prime Minister
During the gathering at the Chancellery of the president of the Council of Ministers, where representatives of the legal community were present, the main assumptions of the fresh law were discussed. The gathering was attended by president of the Association of Polish Judges “Iustitia”, justice Krystian Markiewicz, president of the Association of Prosecutors “Lex Super Omnia” Robert Kmieciak and Vice president of the Association of Judges “Themis” Waldemar Żurek.
Project objectives
Minister Bodnar stressed that the law is to regulate the position of judges appointed under the neo-KRS government which is not constitutionally compatible. In his statement, Bodnar pointed out that:
"We have a group of people who decided to advance after 2018. In this case, 2 groups will be specified. 1 is those people who connect the alleged joint venture. They may have been aware, possibly not, of building an undemocratic order in Poland."
In practice, this means that these persons, according to the draft, will return to their erstwhile post 3 months after the entry into force of the Act and their promotion will be revoked.
The Active Regret of Neo-Judges
The second group are those who have chosen to advance "because of their willingness to advance in the structure of the judiciary". In this case, it is envisaged to introduce an institution of ‘active regret’. Minister Bodnar explained that these neo-judges, if they repent and admit that their decision to accept the promotion was a mistake, would be able to return to the erstwhile position without further consequences. Bodnar added:
“We admit them as being absolved.”
disciplinary work and fresh body
The bill besides provides for the introduction of disciplinary work for a group of about 500 neo-judges who "created an undemocratic order". As Bodnar stressed, a peculiar body will be created acting as a collegiate disciplinary spokesperson to measure whether the actions of these people violated the principles of judicial ethics.
Stability of the legal system
In the context of judgments handed down by neojudges, the Minister of Justice stressed that the aim of the Act is to preserve the stableness of the legal system. Bodnar noted:
"We cannot afford to challenge these judgments overnight."
At the same time, he warned that citizens would have the chance to resume proceedings in cases where there was suspicion that the engagement of the justice might have affected the content of the ruling.
Challenges ahead of reform
Prime Minister Tusk besides addressed the challenges of the improvement timetable. He pointed out the upcoming presidential elections to be held in the spring of 2025 as an crucial component determining the date of implementation of the changes.
Tusk criticized president Andrzej Duda, placing him liable for "devading the legal strategy in Poland and the constitutional system". He besides stated that the president "refused to cooperate with the Polish government to repair the justice strategy and rebuild the regulation of law".
Summary
The draft law on the position of neojudges is an crucial step towards restoring stableness in the Polish judicial system. The proposed regulations are aimed at withdrawing any of the promotions, introducing disciplinary work and enabling judges to usage the institution of active regret. As both Prime Minister Tusk and Minister Bodnar emphasize, the bill is to be part of a broader improvement of the legal strategy in Poland, which aims to reconstruct the regulation of law and strengthen the independency of courts.
However, the task is controversial due to the fact that those participating in competitions organised by an unconstitutionally shaped body have deliberately committed a crime and should bear the appropriate legal consequences in accordance with Article 1k.
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