The ECtHR found that in the Wałęsa vs. Poland case there was a violation of the European Convention on Human Rights, among others. by a faulty procedure for appointing judges with the participation of the National Council of the Judiciary. Judge Krystian Markiewicz indicated how the National Council of the Judiciary should be repaired.
The European Court of Human Rights in the case of Lech Wałęsa vs. Poland found that the violation of the rule of law in Poland is of a systemic nature and results from a defective National Council of the Judiciary. The National Council of the Judiciary found that the ECtHR judgment had no binding force. Judge Krystian Markiewicz from the Association of Polish Judges “IUSTITIA” stated on TVN24 that the National Council of the Judiciary “does not have the right to speak out.”
Judgment: Lech Wałęsa vs. Poland. Do Zbigniew Ziobro’s words prove the actions of the prosecutor’s office?
Markiewicz, referring to the European Court of Human Rights, demands that the activities of the National Council of the Judiciary and the Chamber of Extraordinary Control and Public Affairs of the Supreme Court be stopped. He added that the issue of neo-judges of the National Council of the Judiciary needs to be approached systematically. Prosecutor Ewa Wrzosek from the “Lex Super Omnia” Association pointed out that Zbigniew Ziobro spoke in a political manner, which proves “how improperly the prosecutor’s office functions” in Poland.
The interlocutors agreed that actions aimed at healing the courts and the prosecutor’s office must be compatible. Wrzosek emphasized that “it is necessary to separate the functions of the prosecutor general and the minister of justice.” She added that it is possible, among other things, to: dismiss the national prosecutor, and some people are themselves preparing to leave the prosecutor’s office.
Krystian Markiewicz demands that the operation of the National Council of the Judiciary be suspended
According to Markiewicz, the activities of the National Council of the Judiciary can be stopped by a resolution of the Sejm that “constitutional principles were previously violated when 15 judges were appointed by politicians to the National Council of the Judiciary.” – We will not move a step forward if we do not do it now – he said. According to the judge, if people from the National Council of the Judiciary do not want to comply, “they must be aware that they will be subject to criminal liability.”