MP Michał Wawer on behalf of the Confederate Members' Club in the block “Information on the activities of the National Judicial Council in 2022”, 21 February 2024.
– The PiS with the Platform pile up with sticks, sitting on a ticking bomb, which is now the Polish justice system. You are undergoing a fixation on who sits in the Constitutional Court, who sits on the National Judiciary Council.
You have disputes that no 1 even, including you, understands, and that nobody cares – and you forget that all of this is translated into thousands of average sentences! Thousands of average sentences that have been issued over the last fewer years by judges appointed by the National Judicial Council. Whether we consider it decently appointed or incorrectly appointed, I do not intend to enter into this right now. What is crucial is that for a common citizen who went to court to attend a trial, to hear judgment, right or wrong, beneficial or unfavorable to himself. For these citizens these are settled cases! And you question it..
At the moment, thousands of lawyers who have lost cases to judges appointed by the Pisan National Judicial Council are sitting, waiting, looking for a minute erstwhile the Sejm will supply them with an excuse to start questioning those judgments that these judges have taken. all day, while this crisis continues, it may happen all day that any justice gets a request to resume proceedings. A motion to declare a judgement nonexistent. And listening to what he hears from the Platform politicians; listening to what he hears on TV, he will think to himself: well, illegal KRS, resolutions of the Sejm questioning, direct application of the Constitution, judges are not judges, so says the Prime Minister, so say ministers... That means there's no sentence!
And the minute 1 of the judges decides this way, 1 of the judges finds: yes, the platform is right, these sentences are not only wrong, worthy of repeal – these sentences simply do not exist, due to the fact that the man who issued them was not a judge, then at that minute the avalanche will move!
The avalanche of further repeals will move. The avalanche will decision and justice will explode. People who have been convicted by judges appointed in the last fewer years will find that they are not convicted. And they're in prison for no reason, even though they're frequently real criminals.
People acquitted will be returned to the level of the defendantsBecause the acquittal was handed down by individual the government does not consider to be a judge. Divorces are withdrawnBecause the legal effects of a divorce, which the authentic justice has not ruled, are thrown in the trash. People will begin to emergence againBecause a death certificate issued by individual who is not a justice is not a death certificate. And that's the biggest threat. This is the biggest threat in the full dispute.
It's not that any writer's justice or politician will stick to 1 or another judicial institution. No 1 can even keep up with this argument anymore. This is only for political theatre and pleasance of PiSu politicians and Platforma cultivated fight. The biggest threat is that we don't know right now, there's no legal certainty. There is no certainty that the judgement given in the last fewer years is an important, binding, existing sentence. And that's the threat that the Sejm should be focusing on right now, which the Sejm should remove.
We have heard from Members of the Platform for months now that there will be a bill on this substance that will be regulated, that there will be a decision to do something about it, someway to safe it, possibly to recognise those judges who, in your opinion, were called by the National Court Register. Consider, however, that they are called to be valid and binding. And what do we have instead? Instead, we have a Sejm that was expected to meet for 3 days, meets for 2 shorts, and the 3rd cancels due to the fact that there's nothing to do. If you have specified a bill, put it in the Chancellery of the Sejm, let's start discussing it. Well, if he is, then why aren't we discussing it? Why are we examining the study of the National Judicial Council...
Two months you are already in charge, how long do we have to, so that any sense of safety in Polish law, in Polish justice, yet exists? Remove this threat, the threat of undermining thousands of average sentences. Let's do it here, in this parliament room, and then you can go back to batting about who's the justice of the Constitutional Court and who's not.
