In the latest episode of the programme "Question of the Day", Deputy talker of the Sejm Krzysztof Bosak presented his controversial proposals for improvement of the justice strategy in Poland. According to Bosak, the current judicial crisis can be solved in a simple but extremist way – through a “constitutional reset”. In the article, we will take a closer look at his ideas, implications and opinions of another experts on the subject.
Bosak's proposal: Constitutional Reset
Krzysztof Bosak stated that the only way to solve problems with the justice strategy is by creating a fresh constitution. "It is essential to do a constitutional reset, to invitation the best and most capable lawyers and to propose changes to the constitution that would be accepted by all parties," he said in the programme "Question of the Day". Bosak emphasises that these changes should be constructive and agreed by all stakeholders so that they can be accepted by society.
Controversy around neoKRS and neoJudges
One of the main points of dispute in the current justice strategy is the question of neoKRS and neo-Judges, i.e. persons appointed after 2018. Bosak critically assessed calling these people neo-judges, calling it a “novel speech”. In his opinion, specified an approach only deepens divisions and controversy.
Bosak suggested that it would be possible to wait until the end of the word of office of the current authorities or to introduce an amendment to the constitution that would include fresh members of the KRS. "This would require the goodwill of all parties to the current conflict. Society would surely appreciate the compromise," said Bosak, adding that the current situation is convenient for the Civic Platform (PO) and Law and Justice (PiS).
It's just a shame Bosak didn't realize the thought of calling these Pokemon neojudges. Since the vocation is based on a competition organised by an unconstitutionally shaped body, it is clear that they are not judges within the meaning of the law.
Criticism of Justice Ministry Solutions
Bosak besides criticised the proposals of Justice Minister Adam Bodnar, calling them “the soaking of the eyes that will only exacerbate chaos.” According to Bosak, Bodnar's solutions do not contain any attempts to compromise, which makes them inefficient.
Here, too, Bosak's ideology is moving towards legalization of lawlessness and disguises in toga as legal judges. It is worth recalling the content of Article 1 k.k. from which it is clear that any individual who commits an illegal act is liable. In the present case, this is the case, as these people have deliberately participated in an illegal activity organised by the neo-KRS.
The reaction of the ruling camp
The ruling camp announced that the changes would enter into force after the end of Andrzej Duda's term. In the opinion of government representatives, even if the president becomes a coalition person, the issue of legitimacy of fresh solutions will inactive exist. As Bosak pointed out, "the large ones will remain" and it will be hard to scope a lasting compromise.
Summary
Krzysztof Bosak's proposal for a "constitutional reset" is 1 of the most extremist solutions to the current crisis of justice in Poland. Although the thought of creating a fresh constitution may seem ambitious, it requires broad support from all parties to the conflict and a long-term process of negotiation and compromise. What will be the next steps? Will Poland find a way to solve problems with the judiciary without specified drastic changes? Time will tell.
In the meantime, it is worth following further developments and the opinions of experts and politicians on this subject in order to better realize what are the real possibilities of solving the judicial crisis in Poland.
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The legalization of neo-Judges and the “Constitutional Resett” according to Bosak is intended to save the destroyed by Law and Justice Offices
