The draft amended Act on the Supreme Court does not include fundamental changes recommended by the European Commission, among others, regarding the so-called extraordinary complaint, reads the opinion issued by the First President of the Supreme Court, Małgorzata Gersdorf.
The Parliamentary Committee on Justice and Human Rights is to proceed over the newest draft amendment to Act on the Supreme Court by Law and Justice. The proposed changes to the Supreme Court act include that the so-called extraordinary complaint against the effective rulings of Polish courts will be possible to submit only by the Prosecutor General and the Commissioner for Human Rights. Currently eight legal entities have the right to submit the complaint and those include, among others, the Commissioner for Children Rights, the Financial Ombudsman and the Office of Competition and Consumer Protection.
In her opinion regarding the amendment by Law and Justice, Chief Justice Gersdorf stated that the draft does not include "fundamental changes recommended by the European Commission," among others, regarding the so-called extraordinary complaint. Małgorzata Gersdorf pointed out that the Commission recommended removing the extraordinary complaint procedure. Meanwhile, stressed Ms Gersdorf, "the draft bill not only still includes the procedure, but also gives the court more freedom in handing down rulings in cases initiated with the extraordinary complaint".
Questionable solutions
In Chief Justice’s opinion, the proposed legislation also "contradicts the values and principles" that until now were commonly respected in the lawmaking process. Furthermore, in her view, it’s hard not to see that the draft is aimed at "extending the dialogue with the European Commission beyond 3 July when those Supreme Court judges who haven’t expressed their will to remain on duty, in accordance with the law, will retire. Ms Gersdorf added that "the proposed solutions are questionable from the European Law standpoint and may result in consequences that may not be possible to abolish without violating the no retroaction of law rule".
Salami tactics
"It’s hard not to be under the impression that successively introduced amendments to Act on the Supreme Court are only a manifestation of a preconceived tactic used in the dialogue with the European Commission, relating in its assumptions to the infamous "salami tactics". For the whole idea is to implement a chain of minor and insignificant changes, in order to create an impression of changes in the bigger picture, when in fact, it leads only to the goal set out in the very beginning," reads the opinion by Chief Justice Małgorzata Gersdorf.
Autor: gf//now / Źródło: TVN24, PAP
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