Michael Waver:
– The case of Kamiński and Wąsik is another conflict in the war lasting for 9 years. In the legal civilian war during which we observe 1 institution after another Poland gradually breaks down into 2 alternative, parallel legal orders. For 2 alternative, parallel states, tribes fighting each other, which, with each successive episode of this war, recognise to a lesser degree common institutions, the common Polish state.
This war between Platform and PiS has been going on for 9 years. And we have watched the Constitutional Court gradually lose its democratic legitimacy since those 9 years. How the ultimate Court has truly broken up into 2 alternate combating ultimate courts, denying each another the position of legality, the position of court, the right to identify certain cases. How the authority of the National Judicial Council collapsed and plunged into endless disputes in which the KRS could make decisions and in which it could not. How consistently the authority of the judge's profession fell. We have 2 groups of judges at the moment. Those whose position as a justice is undisputed, who were called up earlier than a fewer years ago, but are in a pulpit condemned by 1 part of society. And those judges, those younger interns, who half the public mostly refuse to be a justice and the right to sit in courts.
Therefore, we may have a wave of questioning court sentences. And here, the fresh ruling coalition has taken its first steps in an unfortunate resolution concerning the KRS, the judiciary, which has opened the way for thousands of judgments in territory courts, territory courts, to deny them legal power, to question them. ...
This war began to appear from judicial power and to turn to legislative power. If it comes to the fact that 2 Members, in half of the public's opinion, are wrongfully denied participation in Parliament's meetings, it may lead to the fact that this half of the public will not simply recognise the laws adopted by this Sejm. It may be the case that half of the public will find that this is not the Sejm, which has a constitutional right to legislate, due to the fact that any Members are denied the right to participate in the sittings of this Sejm. And we'll see that legislative power, like judicial power, breaks down into 2 alternate realities, 2 alternate legal orders. ...
This current crisis can be resolved simply by the goodwill of 1 party. Each of these 2 fighting tribes has the chance to step back and address this current crisis.
He may simply admit the ultimate Court's ruling to revoke his decision and let Mr Kamiński and Wąsik to attend the session of the Sejm. If so, the Sejm in this composition will adopt laws, at least for now no 1 will question these laws.
On the another hand Maybe a step back to the PiS club and get Mr. Kamiński and Mr. Wąsik to voluntarily resign their parliamentary seats. They took a step back. They made a liable decision for the greater common good. And they allowed another PiS MPs to take their place. So that the Sejm can proceed to function in a way that the legality of which will be undisputed to society as a whole, to all Members, to all voters.
Unfortunately, for the moment, it does not seem that either side is capable of taking specified a step.
And whether this step is taken or not, we request as a nation, as a state we request a lasting solution to this crisis. The crisis is fundamentally in the judiciary, in the most crucial courts and tribunals. The way to this solution is not what Donald Tusk's government is doing right now, which is trying to force its interpretation, its solution. The only way, In order to truly solve this crisis in a sustainable way, this is to bring about a consensus.. In which all political forces present in the Sejm will sit together and work out an agreement that will be acceptable to all parties.
We request a fresh beginning in the Polish judiciary. ZERO options. Arrangements which institutions, in what form they are acting, are in force. Which judgments work, which judges have the right to make judgments. What is the composition of individual institutions. We request a unanimous appointment by all political forces of fresh compositions of the Constitutional Court, the ultimate Court, the National Judicial Council. Or a consistent by all forces of approval of any existing composition. We request a constitutional reset. ...
