Maria Szonert Binienda, Esq.
The democratically elected Polish government has been implementing a reform of the justice system in accordance with the will of the Polish people expressed in the parliamentary elections of 2015 and 2019. The reform aims at braking the monopoly of the self-perpetuating judiciary ‘caste’ that is not accountable to anybody for anything. This is the first real attempt since WWII to restore a sense of justice in the deeply harmed Polish society. This reform enjoys a wide public support.
Unfortunately, this fundamental right to justice of every democratic society is brutally and desperately opposed by the most influential members of the legal profession with deep roots in the injustice system of the bygone communist regime. This ‘cast,’ as they call themselves, is currently on the forefront of the political struggle against the democratically elected government of Poland, serving as an instrument of Berlin and Brussels determined to destroy the nation states of Europe.
Politicizing the Rule of Law
The US Ambassador to Poland, Hon. Mosbacher, succinctly summarized this onslaught of Brussels on the Polish government of Law and Justice Party: “the issue of the rule of law in Poland is strongly politicized and the European Union does not shy away from using this issue to achieve its goals.” Ambassador Mosbacher pointed out that Poland is today the fastest growing economy in the European Union, so some Western countries may not like it.
– I have the impression that the West has not yet come to terms with the fact that Poland and other countries of Central and Eastern Europe are no longer the periphery of Europe.
– Poland has a well-educated society and is very good at competing with the rest of Europe. In the West, they do not necessarily feel comfortable with it. Poland is today a big player on the international arena. I know this from the first moment I came to Warsaw. The United States knows this, but it seems that in the capitals of Western Europe they do not yet understand it – she added.
Massive, brutal attacks led by the dominant European neo-Marxist left on the dominant pro-Catholic coalition led by the Law and Justice in Poland are ongoing from the moment the Law and Justice won Polish parliamentary elections in 2015, and confirmed its dominance on the Polish political scene in parliamentary elections in 2019.
Denial of Transitional Justice
The Polish society has been deeply wounded by turbulent past of the twentieth century. Justice has never been served for the massive atrocities committed on the Polish people in WWII and thereafter. Wounds from the crimes committed during the Stalinist period and 1981 Marital Law have not been healed either.
Unlike in other post-communist countries, no effective lustration or any verification of the communist judges who committed horrific crimes against the Polish freedom fighters took place in Poland after the 1989 transformation. After winning 2015 elections, the Polish government at last took upon the challenge of reforming the fossilized justice system, introduced Disciplinary Chamber of the Supreme Court, and changed rules governing National Judiciary Council in order to improve the administration of justice in the Polish society in accordance with expectations of the Polish people.
In response Małgorzata Gersdorf, the Chief Justice of the Supreme Court with her coteries on the court, in January 2020 adopted a malevolent resolution, which sought to dissolve the newly formed Disciplinary Chamber of the Supreme Court, and challenged all the judicial nominations made by President Andrzej Duda, in an attempt to bar hundreds of judges from adjudication. Furthermore, the neo-communist clique appealed to the EU Court of Justice to block the reform of the justice system in Poland, knowing very well that it is the common practice of this court to expand the scope of competencies of the European Union at the expense of nation states through court decisions. To make matters worse, some influential leaders of the European Court of Justice come from the same former communist clique as the rebelling judges in Poland. To protect its grip on judicial power in Poland, the judicial clique relies on the protection of the highest institutions of the European Union eager to subjugate the key institutions of the Polish state by using their Polish comrades to accomplish this goal.
Asserting Supremacy of EU Law over Polish Constitution
According to the decision of the Polish Constitutional Court dated November 24, 2010, the transfer of state competencies to the European Union under the Lisbon Treaty must not violate the Polish Constitution. The principle of superiority of the Constitution over all other sources of laws must be preserved. The Constitution by its position within the legal system is superior with respect to all laws and international treaties binding the Republic of Poland. This decision of the Polish Constitutional Tribunal was signed by Judge Andrzej Rzepliński. Unfortunately, after the 2015 parliamentary election change of power, Judge Rzepliński now leads the rebellion of the Polish judges against the reform of the judiciary system that challenges this principle.
The Polish judicial “caste” conducts large-scale international smear campaign against the Polish government in order to stop the necessary reform. In particular, they beg the European Court of Justice to assert the supremacy of the European law over the Polish Constitution in order to protect their grip on power.
Clearly, Poland did not delegate the competency to organize and control the system of its judiciary to the authority of the European Union.[i] Article 4 of the Lisbon Treaty states that competences not conferred upon the Union in the Treaties remain with the member states. The Union shall respect the equality of member states before the Treaties as well as their national identities, inherent in their fundamental structures, political and constitutional; and shall respect their essential State functions, including ensuring the territorial integrity of the State, maintaining law and order, and safeguarding national security. In particular, national security remains the sole responsibility of each member state.
Furthermore, the European Court of Justice concluded that the principle of separation of executive and judiciary powers does not impose on member states any particular model of the judiciary system. This decision acknowledges that the European Union has no authority to interfere into the structure of the judiciary system in member states. Furthermore, in its opinion, the court concluded that the decisions of the President of Poland regarding judiciary nominations to the Supreme Court are not subject to control of any courts.
Democracy vs. Judicial Autocracy
The rebellion of the Polish judges continues with the applause and support from the neo-Marxists around the world. The rebellion judges stage protests, attack the government in the media, conduct campaigns in the foreign media and academia, lobby the European Parliament against the Polish government, openly take part in political rallies, sometimes together with those in whose favor they just ruled. They even organized a rally in their professional gowns and issued a call for help to judges from around the world. When asked whether such behavior is in compliance with law and the code of ethics of their profession, they reply that it is not in compliance with any law or code of ethics but it is in compliance with the need…
Most importantly, however, they take unimaginable revenge on the ordinary citizens of Poland by issuing grossly unjust verdicts, wreaking havoc and making a mockery of justice. Recently, they punished a policeman who was physically assaulted by one of their activists at the rally. They routinely rule against people attacked and defamed by the opposition media in Poland, routinely rule against anybody suspected to be a sympathizer of the ruling collation, and unabashedly protect criminals connected with the political opposition in Poland. Recently they even ruled in favor of a German who assaulted a Polish woman by telling her that he is a Nazi who hates the Poles and wants to kill all of them. Their provocative verdicts shatter any sense of justice in the Polish society and cause public outrage. The climate of hostility towards the judges generated by their brutally unjust and deeply immoral rulings is then showcased to the world as the proof of violation of democracy and rule of law in Poland.
One of the proponents of the reform recently stated that the judicial autocracy wants to take over the right of the people to decide about themselves; the rights of the Polish people to receive justice in Polish courts; the right of the sovereign. The rebelling judicial cast tells the Polish people that it is irrelevant what the sovereign says through the election process. It is irrelevant how the Polish people decide to reform their judiciary system because this system shall function according to their needs and preferences and not to the needs and expectations of the society.
The actions of the rebellion judges in Poland aim at the destruction of fundamental institutions of the Polish state in blatant violation of the Polish Constitution and the European Law. The rebellion judges reject the principle that it is the sovereign who holds the superior power in Poland. Instead, they manipulate the international public opinion by portraying themselves as victims of the regime – and not what they really are – the unethical, grossly biased, and self-perpetuating caste that puts itself above the law, makes a mockery of democracy, and wrecks havoc on the Polish society in the name of its self-interest.
[i] The European Union has exclusive competency in:
1) Duty union
2) Regulating competition to assure proper functioning of the markets
3) Monetary policy with respect to states that adopted the Euro currency
4) Regulating exploitation of the sea and fishery
5) Joint trade policy