Resolution No 2
of the Extraordinary Congress of the Polish Judges
The Extraordinary Congress of the Polish Judges strongly states that never in the hitherto history of independent Poland, judges of various courts and tribunals were the subject of so drastic actions aimed at downgrading their authority.
Therefore, we call to respect the judgments of the Constitutional Tribunal and to publish them.
We oppose the arbitrary refusal by the President of the Republic of Poland to appoint the candidates proposed by the National Council of the Judiciary of Poland. Such actions on the part of the President are a step towards the politicisation of the judge function and towards the restriction of judiciary independence.
The procedure of appointing judges ceases to be transparent and becomes deprived of any control whatsoever. We also oppose the decision of the President of the Republic of Poland who refused to take oaths from lawfully selected judges of the Constitutional Tribunal.
We disapprove of "corrective" statutory acts relating to the Constitutional Tribunal.
We note with concern the proposals to amend the Act on the National Council of the Judiciary of Poland, which is a constitutional body acting as a guard of the independence of courts and the independence of judges. We are aware that the body needs reforms, and in particular it is necessary to change the rules of selecting its members into fully democratic rules. The current proposals to amend the Act, however, lead to the weakening of the position of the Council and to the weakening of the judicial power.
Each and every public authority must act within the Constitution. While fully accepting choices made by the citizens in the act of elections, we state that any change of the legal system may happen only by means of amending the Constitution. As long as the Constitution accepted by citizens in the referendum is valid, we are all obliged to respect it, and so are the legislative and executive powers.