Since 2018 there is 1 narrative. For the purposes of the election, a shortcut was made to make the Law and Justice worse in the eyes of as many possible voters as possible – the National Judicial Council is not only politicized, but still... He nominates judges!
O how much specified opinion could come out of Tusk's mouth (herstoric from education), The abiturient or the Sikorski bazaar is, on the another hand, unacceptable in the mouth of even the weakest lawyer.
Unfortunately. It's not. In a very different way, 1 Warsaw legal advisor writes:
It's not my fault. Privately, however, I believe that nominations from the KRS formed after 2018 should not have been accepted.
To be honest, I fucked up. I'm laughing. After a while, however, it occurred to me how dangerous it is. due to the fact that if a individual who has completed comparatively hard studies, then an equally hard application and yet fucks 3 by three, what do you require of those educated as well as Holovnia, to not mention the leading intellect of the present power of Hołdys?
Moreover, a akin image of the Polish justice strategy of the current Patopower managed to instill even the Venice Commission. At least in the past period erstwhile she was a totalitarian opposition.
A All due to the fact that any alternatively primitive manipulation was used. Unfortunately, as any maintained at this level rather effective.
Well, that's consistent. Dictionary of Polish Language PWN word nomination fundamentally has 2 meanings:
1. «official appointment, especially to a advanced state office; also: a paper stating this appointment»
2. «notice someone's candidacy for a prize or to execute any function».
The appointment to the office of a justice permanently entered the legal language and, depending on the country, may mean the appointment of a justice by the president at the request of the National Court of Justice (Poland), and this appointment by the president with “the advice and approval of the Senate” (USA) or yet the appointment of a justice by Parliament (Latvia) etc.
We talk more frequently about the Oscar movie nomination, individual for the Nobel Prize in any field or even funded relative-and-friend-kings..., pardon, Michnika Nike.
However, if we consider that the "known lawyer" utilized the word nomination in the second sense, then we could say completely absurdly – X was nominated by the KRS to be nominated by the President.
That is why we must be clear and remember at least as long as the 1997 Constitution exists.
In accordance with Article 179:
The judges are appointed by the president of the Republic, at the request of the National Judiciary Council, for an indefinite period.
So the KRS doesn't nominate, but the president does.
And it's expected to get all the power in the head, not just the bodnarists.
Moreover, this rule has already been introduced by the 2 constitutions of the interwar 20th - March and April, although somewhat average in laws.
However, we have been attempted to print that only the KRS is competent to make a specified mortal judge.
Lawyers remember the words "papa" by Strzembosz, the man liable for maintaining the post-communist judicial apparatus without trying any reform, though in the erstwhile GDR more than half of communist judges had to part with the profession.
... the PiS task runs counter to both the constitution and the thought behind the KRS. It actually means the abolition of the National Judicial Council. It reduces the word of office of any of its members and allows the election of 15 fresh judges to the KRS by a strictly political body, which is the Sejm.
Meanwhile, the creation of the KRS meant that the Council deciding on the appointments and promotions of judges should be independent of political environments. It's not for nothing that the judges have a majority in the KRS. Members, senators, minister of justice and typical of the president besides sit in the Council. But they're in a minority, their function is to look at the judges' hands, not to block what the majority of judges will pass. And specified an chance – blocking the judges' decisions – is given to politicians in the PiS project.
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That's all it is. The full independency of the "best caste" from the Sovereign, which, in accordance with Article 4 of the Constitution, is the Nation.
1. The superior authority in the Republic of Poland belongs to the Nation.
2. The nation shall exercise authority by its representatives or directly.
Thus, the judicial authority is besides subject to the Sovereign.
However, Grandpa Strzembosz most likely revealed the full of Europe's desire for judges – they are expected to be OVERSUWEREN.
Instead of the regulation of law (in German) Rechtsstaat) the Republic of Judges (Richtersstaat).
PiSBy reforming the KRS in 2017, he partially restored the main constitutional rule of Article 4.
And this is undisputed, even though the doctorate of the erstwhile lecturer at the esbek school, then the justice of the TK from the SLD nomination, erstwhile the rainbow RPO Adam Bodnar spoke continuously for 2 weeks that it was different.
The Bodnarists and the full authorities are trying to convince us that by restoring the sovereign due under the Constitution, the place has been violated... by the regulation of law.
Meanwhile, this is simply a message precisely in the kind of the erstwhile Erevan radio (a question from the listener: - Is it actual that in Moscow in Red Square they are handing out cars? Editorial answer: - Truth. But not in Moscow, but in Leningrad, not in Red Square, but on the fresh York Prospekt, not cars, but bicycles. And they do not give away, but steal!).
Returning to the complete self-return of the judge's community by restoring the democratically elected representatives of the Nation (the superior) the function of the unbecoming observers of the "best caste" is simply a serious violation of the basic rule of the Constitution.
I remind you again. In accordance with Article 4(2):
The nation shall exercise authority by its representatives or directly.
The Authority of the Nation means that all another authorities are subject to Him, including court.
And that is uncontested, ladies and gentlemen.
PThat year 2018, the subordinateity of the 3rd power to Sovereign was attempted to justify the fact that the final act of appointment (call) was carried out by the President, the highest elected typical of Sovereign.
But the bodnarists disagree. I am forgetting that Tusk was able to publically tell that for him the president of Poland is Trzaskowski.
The aforementioned ‘papa’ Strzembosz stated clearly on RMF FM:
...Mr president only raises the stamp, I mean – he takes the vow. The President, of course, erstwhile taking his vows, cannot probe what happened on that national council.
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So the president according to Grandpa Strzembosz is not even a notary. It's more like a girl from a post office window receiving without murmuring our correspondence.
In the meantime, Article 10 of the Constitution, with the pleasance of being called by the various Sadurskis or Bodnars, states clearly:
The strategy of the Republic of Poland is based on the division and balance of legislative, executive and judicial powers.
Ladies and gentlemen, divided and balance! There's no power Better!Above them is the power of the Sovereign (Article 4).
The 1997 Constitution here is clearly different from the first Polish Basic Law. The Constitution 3 May (in peculiar Article V of 1 of the 3 alleged government laws) included the subject of power differently:
All authority of the human community begins with the will of the nation.
So the Nation did not exercise superior authority, for he was simply the initiator of the uprising.
If specified a evidence were in force today, there would be no problem. The judicial authority could be completely independent of the Nation as shortly as it was established by His express will.
TThe Constitutional Fishery in 1993 clearly defined what the rule of 3 divisions of power means today:
It is clear from the rule of division that the legislative, executive and judicial authorities are separated, and that there must be balance between them and that they must cooperate. This rule is not purely organisational. The aim of the rule of division of authorities is, inter alia, to defend human rights by preventing the abuse of power by any of its authorities (K11/93 ruling of 9 November 1993).
But that's not actual either. It must be remembered that the provision of Article 10 is highly illusory.
It is hard to talk about the division of power in a political sense erstwhile the Government is politically identical to the parliamentary majority. It is besides crucial to remember a full series of sockets between the legislative authority and the executive authority, which make more than 3/4 of the laws passed by the Sejm initiated by the Government; in practice, the Government is mostly active in the implementation of the legislative authority" (L. Garlicki, K. Golyński, Polish constitutional law. Lectures, Warsaw 1996, p. 65).
So in practice we have a circumstantial power duopoly alternatively of a three-way.
But nothing over everything eagle shadow Sovereign power is lifted (Article 4).
ZIt is funny, however, to compare earlier statements of professors of law – constitutionalists from the time erstwhile the “his” president clunked KRS conclusions without analysis, i.e. he served as a Strzemboszowski's “notary”.
"The appointment of judges is the President's individual right (prerogative) due to the fact that under Article 144(3)(17), no countersignate of the Prime Minister is required for the validity of this act. This must be seen as an expression not so much strengthening the independency of the President's political position as accentuating the independency of the judiciary and its subordinate bodies. ... Taking the President's power in the form of a prerogative emphasizes that he has no legal work to take account of the KRS's proposal, so his position cannot be reduced only to the function of "notary" confirming decisions taken elsewhere (...). If Article 179 defines the occurrence of the KRS as a "application", it shall indicate its non-materially binding nature, even if the submission of an application is simply a essential component of the procedure."
(L. Garlicki (ed.), Commentary to the Constitution of the Republic of Poland, Warsaw 1996, Art. 179)
And after 11 years, Grandpa Strzembosz states with all seriousness that Mr. president just raises the stamp.
Andrzej Duda did not take the chance to be just a notary of the “best caste”.
PSo ad hoc people from the second or even 3rd order were called public authority.
However, the analysis of this material leads to 1 conclusion. Lawyers, considered by me(r)dia to be authorities simply mating.
Everything's fine erstwhile their baby's in charge. However, erstwhile Sovereign calls for another option, then democracy, the regulation of law, etc. ceases. Among the abruptly brought to Poland the right-wing plagues deficiency only the lice and the bow.
Unfortunately, human memory is short, legal cognition is inactive not available... That's why different Strzemboshes or Sadursks can talk nonsense without blinking their eyelids, denying even their own outbursts a fewer or a twelve years ago.
And that's a peculiarly bad sign of the legal environment, since anyone can set up any opinion...
DThe words spoken by a man named Szymek of Budejowice will truly come to the mouth:
- I'm sorry. Those whores are pushy and brazen.
And though Szymek said so about 2 heavy older ladies, Association of Heroes' Vitya someway they turn out to be timeless.
18.10 2024
