If Stańczyk walked the marketplace present in Krakow he would most likely think that Poland is simply a country of lawyers.
TAt the same time, in reality, we inactive have less lawyers than only in Berlin. It somewhat improves the statistic of the number of legal advisors, but inactive Hamburg and Berlin beat the full Poland. Not to mention the U.S., where more than 70% of all planet attorneys are expected to practice.
No wonder, then, even the apparent cymbals are talking about law. The problem is that this legal cymbalism can only be seen by a lawyer, and this is provided that his reasoning is not ideologically involved.
OThis is the most fresh example.
Graduated from the University of Warsaw journalistic studies Mariusz Jałoszewski “He writes about law, courts and prosecutors,” says the Gadzinówka OKO.press, online extension of the political fiction fanzin from Czerska Street (ongis called Election paper).
So his cognition of the law is about the same as the average passerby in the marketplace Square.
So... none.
Clearly, he does not head expressing categorical opinions.
As determined by OKO.press, the National Prosecutor's Office terminated the investigation of 15 neo-KRS judges. She felt that they had not exceeded their powers due to the fact that there was a legal dispute over whether the Council was illegal. The prosecution emphasizes that even the current power has not solved the neo-KRS.
The neo-KRS investigation decommissioned the Home Affairs Department of the National Prosecutor's Office on May 7, 2025. The proceedings were in the direction of acts under Article 231 of the Criminal Code, which refers to a breach of powers or a failure to fulfil duties. An association of Iustitia judges made a notification of the suspected crime in March 2024.
It active 15 neo-KRS judges of the first and second term, including moving for and working for an illegal body. The announcement besides afraid judges who supported the neo-KRS candidacy by signing letters of support and judges who submitted candidates to the neo-KRS (their attorneys).
The notification was based on the fact that the composition of neo-KRS is contrary to the constitution. precisely with article 187, which says:
‘The National Judicial Board shall consist of:
1) the First president of the ultimate Court, the Minister of Justice, the president of the ultimate Administrative Court and the individual appointed by the president of the Republic,
2) 15 members elected from among the judges of the ultimate Court, universal courts, administrative courts and military courts,
3) 4 members elected by the Sejm from among Members and 2 members elected by the legislature from among Senators."
The article makes it clear that the Sejm can only elect 4 of its members of the CoR.
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It's actually rather an interesting interpretation, but a bit selective. It so happens that Żurnalista Jałoszewski, by "objection", omits paragraph 4 of the quoted article:
4. The system, scope and mode of work of the National Judicial Council and the way its members are elected shall be determined by the Act.
A The Constitution so practically refers the case to the law. In general, the "choice method" concerns not only the method voting process (clear, secret or perhaps... by correspondence or by draw), but besides the body making the choice.
And it is possible, or even necessary, to agree with Jałoszewski, that only 4 representatives from Members of the Sejm can be elected to the CoR.
However, it should be borne in head that the Constitution in Article 187 only in this 1 case states the authority to make the choice.
It is, however, silent about the body to choose judges.
Remember erstwhile and for all - nonsense, sown primarily by the legal Hunwabs of Iustitiy omit Article 4 of the Constitution.
In the meantime, prof. Marek Safjan, considered to be any kind of liberal idol, wrote:
One of the most crucial constitutional principles of the Constitution of Poland is the rule of the sovereignty of the Nation. Article 4 of the Polish Constitution refers to the tradition of French constitutionalism and indicates The Nation as the ruler of superior authority (superior). This nation has power in an indivisible and inalienable way, and it is exercised either straight or by its representatives.
In the second case, the Nation transmits to its representatives only attributes of superior power, not its essence, which it retains with it. This continuity of power over Article 4(1) of the Constitution of the Republic of Poland is expressed by the expression that this power belongs to the Nation.
A So everything's cool. Members are representatives of the Nation (i.e. sovereign) and so the election of judges to the KRS among the judges by the Sejm is absolutely in line with the Constitution.
The mistake everyone makes Strong buy-in, Iustitia, Itepe bodnarists The easiest way to explain this is with the presidential election.
Pursuant to Article 127 of the Constitution as president of the Republic, a Polish citizen may be elected who, at the latest on election day, turns 35 and enjoys full voting rights to the Sejm.
Therefore, following the same line of reasoning as the Żurnalist Jałoszewski (and many another Politicians, including politicians in togas) it should be stated that only Polish citizens who were 35 at the latest on the election day can vote in the presidential election and enjoy full voting rights to the Sejm.
Nonsense? Hey... Then why don't you announcement the same nonsense in the case of the alleged neo KRS??
The election of judges to the National Court Registers shall be carried out by representatives of the sovereign (Members) and so the power shall be exercised in accordance with Article 4 of the Constitution for the Nation.
And this power is being fulfilled through this supposedly political choice.
Similarly, the President's election from among citizens aged 35 or over, etc. is made by Sovereigns! Thus, all adult who has not been deprived of public rights.
Judges in no way constitute a separate (and the best) caste, although many seem so. They are not superior authority either, although there are many examples against specified a thesis.
The superior authority, and thus 1 that exists above legislation, execution and judicial authority, belongs to the Nation.
TAt the same time, it is expected to be in accordance with the Constitution to elect (and punish) judges by themselves without looking at Sovereign! So Article 4 is unnecessary. Even more – it is contrary to the Constitution as Bodnar and the others realize it. ;)
Article 187 of the Constitution does not say anything about the authority to elect judges for the National Court Register. It simply states that the selection of judges must be made among judges, not e.g. among judicial janitors or residents of the nearest intellectual hospital.
It is so clear that, in order to be able to apply Article 187 correctly, it is not possible to limit itself to pseudo-legal exudations based on a vulgarised linguistic interpretation, but to apply rules Telelogical interpretationj, with a Polish name for purpose.
Therefore, the full Constitution must be taken into account, namely Article 4.
It is so simple to realize that you truly request to be a Gierty or another Bodnar to not realize it.
Or pretend you don't understand.
13.06 2025
