What was behind the rejected vote of distrust for Adam Bodnar?

krytykapolityczna.pl 1 year ago

Parliamentary arithmetic is beneficial to justice minister Adam Bodnar, a vote of distrust has not passed. 425 Members voted. For 191, against 234. Nobody stopped.

On Tuesday, 20 February, Bodnar presented at the EU Council a plan to return to the regulation of law to complete the procedure with Article 7, initiated against Poland in 2017. Otherwise, we are in danger of imposing sanctions and even taking the level in the Council, namely marginalisation. The consequences of a violation of the regulation of law are besides material: for all day that we do not comply with the provisions of the EU Treaty, we pay penalties, the Disciplinary Board has cost us a million euros a day and even its liquidation has not helped to unlock money from the KPO due to the fact that Zbigniew Ziobro wanted to step down only seemingly.

Fixing the regulation of law strategy is simply a condition for unlocking funds from the KPO. The stakes are high. But it was – and the issue of changes in the boards of the public media – that was the basis for the motion for a vote of distrust by the PiS MPs. Returning to the regulation of law means dismantling changes made by the authorities over the last 8 years, which have been the key to a gradual change of system.

The recovery plan includes the position of the National Judicial Council, the Constitutional Court, the ultimate Court and the General Court, as well as the separation of the functions of Minister of Justice and lawyer General.

Now the Law and Justice, which has consistently devastated the legal system, is acting as a defender of democracy and the Constitution. And I don't think he has anything left to do but effort to undermine the legality of the judgments, the grounds and the reasons for the settlement of past governments.

Frustration is evident. "Adam Bodnar is the second addition to Colonel Sienkiewicz to the strategy in the Donald Tusk state. His actions are intended to guarantee impunity for those who represent the coalition on 13 December and who break the law, break the Constitution of the Republic, break the laws (the attack on the media), and Adam Bodnar himself dared to attack the prosecutor's office" - said Mariusz Błaszczak at a press conference in the Sejm, announcing his motion for a vote of distrust towards the Minister of Justice Adam Bodnar.

"Terror of neo-lawfulness"

The Votum did not pass in the Sejm and the day before received no support in the Committee on Justice and Human Rights – 14 MPs, against 20, were for the affirmative opinion.

The discussion itself at the committee is somewhat like playing tomato. To all the substantive responses and explanations of the Minister of Justice and the lawyer General, the PiS MPs respond: ‘Colonel Sienkiewicz’, ‘The Tuska, Hołowniak and Kosiniak Kamysz Farm’, ‘Terror of Neo-Justice’.

These slogans were recalled during the parliamentary debate. Mr Kaleta, in his message of reasons, spoke of "60 days of lawlessness", "a mocking of the thought of the regulation of law", "the bodnar doctrine of non-existence", which is to mean that only those provisions that are comfortable are taken into account. He was talking about appealed or invalidated judges and asessors. Adam Bodnar, according to Kaleta, is expected to be up in the morning reasoning about which court president would cancel here today. He spoke of the “circular” sent to judges and institutions by Adam Bodnar after taking up his position, recommending a change in the spirit of the law. Kaleta besides accused the minister of serving with global institutions.

Marcin Warchoł, justifying the application, asked: “What have those who have learned hard that you are ignoring them today?” and what about the sentences that have been passed in 8 years. “Chaos, anarchy, drama!” he cried. He recalled the award of Prof. Sławomir Patyra's lawyer with a position on the PGE Supervisory Board. He spoke of establishing a Brussels protectorate, called Bodnar a "civil rights butcher", and the removal of Dariusz Barski from the prosecutor's office – a crime.

There were besides any substantive charges. Mr Bogucki referred to the opinion of Prof. Ryszard Piotrowski that the actions taken against the public media by Minister Sienkiewicz do not have a legal basis, due to the fact that the Code of Commercial Companies, which he used, is simply a paper lower than the Media Act and the Constitution. Michał Woś recalled the opinions of lawyers who objected to Adam Bodnar's actions and the title from the "Journal of Legal Newspapers" about "law stimulation’.

Sławomir Mentzen added that Adam Bodnar "solves the problem of human eaters by eating human eaters."

Opposition abruptly back together

The democratic opposition responded with 1 voice. Kamila Gasiuk-Pihowicz said that the committee had divided into those who are tired of being dudes and those who want to defend him. The charges relate mainly to the function of Adam Bodnar as prosecutor, and this shows what hurts the politicians of the Law and Justice most: the process of depoliticizing, resisting the judicial apparatus and justice.

Anna Maria Żukowska, on behalf of the Lewica club, recalled that the recovery of the regulation of law depends on the unlocking of funds from the KPO, for which Poles have been waiting for 3 years, and from which Minister Ziobro wanted to resign, in order to keep power over the justice system, treating his institutions as a synecary. “Adam Bodnar has a sacred patience to deal with this,” she said. Krzysztof Śmiszek added that the European prosecution, to which Adam Bodnar joined Poland, fights corruption, money laundering and suggested that PiS and Solidarna Poland are simply afraid of OLAF's efficiency.

Mr Zimoch from the Polish club 2050 emphasized that Adam Bodnar is not alone due to the fact that he defends the right cause. Krzysztof Paszyk of PSL asked why the prosecution of Ziobry did not deal with respirators, Kaczyński towers, power plant in Ostrołęka, a grain affair, Oder contamination, a police black howl, or contributions to an election campaign. Zbigniew Konwiński of KO spoke about advanced salaries of prosecutors of Ziobra, reaching almost a million zlotys and tens of thousands of bonuses.

Waiting files

You can bid on appealed court presidents, argue about interpretations of laws, talk about how Tok FM writer Jan Wróbel said that they are “going after a band”. At an interior gathering with the donors of Political Critic Prof. Ewa Łętowska explained the legal complexities in detail, but she besides admitted that the way of explanation depends on the spirit in which the rules are read. The aim of Adam Bodnar is to return to the legal state, regain and strengthen Poland's voice in the European Union, and on national grounds guarantee that the law will not be a tool for individual games, maintaining power, holding client groups and intimidating others.

Because that's what happened. An attack on the tribunal, on the courts, crowds with candles at the Presidential Palace, appeals by fax, mockery, persecution of judges, hatred speech, billboard run for the money of the Polish National Foundation, which had assurance in the judges widely undermined.

We're just starting to find out about quite a few akin things. The garage of Prosecutor Ziarkiewicz, who protected against arresting the brother of the commandant of the Szymczyk police, was discovered, full of cases that were not to be dealt with. A contract was found for the acquisition of a secret surveillance device, signed by Zbigniew Ziobra and Michał Woś – politicians of Solidarna/Sovereign Poland. Irregularities in prison workplaces. We're about to get to the payroll of politicized prosecutors.

And this is just the beginning. So if you were worried we'd run out of emotions right now, it'd be besides easy if we ran out of interior crutches, then you can calm down.

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