In a time of increasing political tensions in Poland, the improvement of the judiciary became 1 of the hottest subjects of public debate. The fresh proposals of the Ministry of Justice to introduce the alleged "active regret" institution have sparked a wave of criticism, not only among neo-Judges. The alleged independent judges from Iustitia are besides outraged. This position is amazing because, in accordance with Article 1 of the Code of Criminal Responsibility, any individual who commits a crime is liable. As far as the present case is concerned, the usage of legally defective nominations and participation in illegal competitions is exhausting the nature of Pokémon's crime.
Judge Igor Tuley, 1 of the most recognizable voices in the legal community, expressed his outrage at the ministry's proposal. "I cannot imagine that in the 21st century, in the mediate of Europe, anyone is required to humiliate himself and make specified statements," Tuley said in 1 of his interviews, referring to the concept of active regret.
New proposals from the Ministry of Justice
On Friday, Justice Minister Adam Bodnar presented proposals for changes in the judiciary to reconstruct constitutional governance and regulate the position of alleged "neos Judges". A key component of the task is the division of judges appointed after 2018 into 3 groups, the last of which, according to the ministry's communication, includes those who have advanced, having an “unresistent will” of action, but did not participate in the common plan joint venture.
Minister Bodnar proposed to introduce an institution of "active regret" for this group of judges. According to the project's assumptions, these judges could return to their earlier jobs if they made a message that their decision to advance was a ‘life mistake’. In return, disciplinary proceedings would not have been initiated against them, and they themselves could have competed immediately in fresh judges' competitions.
Minister Bodnar estimated that this solution could cover between 500 and 900 people. "In a sense, we recognise that they are absolved," the minister stressed. He besides announced the creation of a Disciplinary Consilium to measure whether a justice had violated the principles of judicial ethics.
Criticism of “active Regret”
The Ministry of Justice's proposal met with harsh criticism, especially from justice Igor Tulei. In a conversation with Radio Three, the justice clearly stated that the thought of active regret was absolutely unnecessary. "I never imagined that Iustitia could defend neo-judges, but if anyone was required to make specified statements, I think that the judicial associations would stand up for them," Tuley said. He besides added that he would never make specified a message himself.
Tuleya pointed out that "active regret" was not the thought of a judge's community or organizations specified as Iustitia or Themis. "I am curious where specified a contribution came from in the projects of change," he said, expressing his surprise that individual in the 21st century, in Europe, could propose making specified a "demeanor" statement.
In Tuley's statements, he besides did not hide his position towards the alleged "neasures". "All neojudges should be removed from the profession. They do not meet the basic 2 criteria – if they chose to participate in illegal competitions before the neo-KRS, they either do not know the law, or do not have an immaculate character. This disqualifies them," the justice said.
Broad political and legal context
The proposal of "active regret" falls within the broader context of judicial reforms in Poland, which have been controversial for respective years. The decisions to appoint neo-Judges by the unconstitutionally shaped neo-KRS were declared illegal by the Court of Justice of the European Union, undermining the authority of the neo-Judges and causing a crisis of assurance in the judiciary.
Despite attempts to regulate the situation, the situation around judicial reforms in Poland remains tense. The opposition and global organisations have repeatedly pointed to threats to the regulation of law in Poland. The proposals for "active regret" in the context of judges appointed after 2018 only deepen divisions and rise doubts as to whether they are actually a step towards restoring constitutional order or alternatively an effort at political manoeuvre.
Summary
Summary
Both the proposals of Minister Adam Bodnar and the codification committee seem crucial for the future of the Polish justice system, especially in the context of the improvement of the ultimate Court and the issue of neo-Judges. However, due to the possible difficulties of their adoption and the possible veto of the President, the destiny of these changes remains uncertain. Regardless of this, the fact that the reforms are in preparation proves efforts to organize and repair the Polish judicial system, which may affect its further functioning in the future. In the case of crimes committed by a criminal group operating in the KAST formation, the position of justice Tulei is incomprehensible, which clearly shows that a mechanics equal and equal is applied in the face of the law. These more equal include the “elite” of criminal demoralized pigs considered to be judges on the basis of a legally defective nomination.
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"He won't rip his head off." Iustitia outraged by Bodnar's plan for active neo-Judge grief
