Spectre law and non-voting – chaos in the courts sure, KPO not necessarily

patrzymy.pl 2 years ago

Photo: Sejm Office

Literally just a minute ago in the Sejm, a vote ended, about which the last time was loud, and truly It's been going on for years.. The parliament walls saw not 1 curiosium anymore, adequate to mention a messenger stuck in the toilet, which consequently led to the overthrow of Hanna Suchock's government, but present there was another debut of the singularity. For the first time in the past of the Sejm, there was a vote in favour or against the KPO, although the content of the Act does not apply to the least degree to the alleged National Reconstruction Plan.

What was actually the subject of the vote? The bill to amend the ultimate Court Act and any another laws – that is the authoritative subject of the vote, and its result is surprising.

As you can see, “United Right” has been divided into PiS MPs who voted in favour of changes in the ultimate Court, as the European Commission and Members of “Solidar Poland” wanted, voting against, as the Polish constitution and definition of sovereignty wanted. The first comments concerning the behaviour of the opposition referred to the work for Poland through the support of the KPO. Both thesis are false due to the fact that no opposition organization supported the KPO, but voted against or abstained on the amendment of the laws concerning changes to the ultimate Court. In fact, in the camp of the “unified opposition” there was a akin divided of votes as in the “United Right” due to the fact that Poland 2050 of Szymon Hołownia voted against the legislative changes, while KO, PSL and Left abstained.

In all the chaos and curiosium, Almost nobody's paying attention to that.What was actually voted on? We will not quote the full draft amendment, which nobody will read, but we will draw attention to the key element. If the changes are yet approved by the legislature or re-voted in the Sejm and then signed by president Andrzej Duda, Poland will be the only country in Europe where another judges can challenge the position of judge.

A key provision in the amendment is the alleged test of the judge's independence, which boils down to the fact that respective judges may apply to exclude another justice from proceedings. The specified exclusion of the justice is not a fresh procedure, but all codes of the planet based on Roman law and logic let only 2 options: exclusion at the request of the organization and exclusion from office, i.e. the justice himself is excluded from proceedings due to circumstances which might undermine his objectivity in a circumstantial proceeding.

With all the unheard logic and the laws of change in the world, we must remember that their foundation was to be the regulation of law. Within the framework of the regulation of law, as expected by the European Commission, the Polish Sejm has passed statutory amendments in a way that clearly violates the constitution, the laws in force and the resulting chaos in the judiciary. And that doesn't mean that KPO funds will be paid and, by the way, the conditions of the EC concern only the payment of the first tranche.

We don't believe in anyone, we don't believe in anything! We look at facts and draw conclusions!

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