The appeal for help from the President of the Supreme Court of Poland
(B2)" The independence of the Polish Supreme Court has been destroyed. The courts have been manipulated at the discretion of the party in government “, denounces the president of the Supreme Court of Poland, Małgorzata Gersdorf, who does not mince her words, on the takeover of justice by the ruling party (the PiS). She should be invited to renew her plea before the European Parliament itself, defends our columnist, Jean-Guy Giraud, who details some of her courageous words
The President of the Supreme Court of Poland (Sad Najwyzszy), officially dismissed from office, was the guest of honor at the conference organized on July 20 by the German Supreme Court (Bundesgerichtshof) “Polish Rule of Law: missed opportunities?”. A reform that has led to Poland being targeted by the European Commission for breach of the rule of law (see also Second warning in Warsaw for breach of the rule of law before referral to the Court). His speech (to download right here) published by the Polish site, Justicia.pl, edited by an independent association of judges, deserves more than a glance (1). As much for its dramatic tone as for the seriousness of the accusations made and the genuine cry for help it launches, this unusual statement deserves to be read carefully. Extracts (2)...
A heavy legacy for a young democracy
“Poland is still a young democracy [...] There is no doubt that the most disastrous experience - the 45 years of real socialist rule - continues to hover like an albatross over our shoulders. [...] Citizens have not been shown what the law is, how it works and why it must be obeyed. On the contrary, the law has often been perceived as an obstacle in the way of a more rapid modernization of the State, an obstacle which it is not necessary to worry too much about, because the final effect is what counts. really: increasing the wealth of the state and its citizens. »
“Poland continues to be a young democracy [...] nevertheless, there is no doubt that the most disastrous experience – the forty-five years of real socialism rule – continues to remain an albatross around our necks [...] Citizens have not been shown what law is, how it operates, and why it has to be complied with. On the contrary: law has frequently been perceived as an obstacle on the path to swifter state modernization, an obstacle one does not have to be excessively concerned with, as the ultimate effect is what truly counts: increased wealth of the state and its citizens. "
Justice at the heart of political battles
“Any nation and system, in all latitudes, can engender cynical characters, 'rentiers of the revolution', fine analysts of the weaknesses of a society knowing how to take advantage of them to erect their autocracy. The courts - the weakest of all powers and guardian of individual rights - will always be the victims of these ruthless political battles”.
“Every nation and system, all latitudes and longitudes may breed cynical players, “rentiers of the revolution”, impeccably analyzing weaknesses of the society and state to use them as building blocks in developing autocracies. Courts of law – the weakest of all powers and safeguarding individual rights – will always fall victim to ruthless political battle."
The judiciary manipulated
“The independence of the Polish Constitutional Court has been destroyed, the composition of its courts manipulated to meet the expectations of the ruling party (Editor's note: the PiS, Law and Justice). The Minister of Justice is also the Attorney General. It now holds all the instruments having a real impact on judicial proceedings, in particular criminal law”.
“The independence of the Polish constitutional court has been destroyed, its judicial panels manipulated in response to expectations of the governing party. The Minister of Justice is also Prosecutor General. He now holds all instruments allowing real impact on all judicial proceedings, under criminal law in particular.”
Only the words remain
“What can a President of the Supreme Court do? All he has left are the words. And today, it can no longer remain apolitical, since the respect of constitutional law has become a political affair”.
“What can a president of the supreme judicial instance do? All she is left with are words. And yet she cannot remain “apolitical”, since constitutional compliance has become a political matter, par excellence."
The mandate of the European institutions too weak
"The mandate of the European institutions is really too weak, especially in the face of authoritarian and nationalist tendencies as we have witnessed, not only on the territory of the European (Union) but on our continent".
“The mandate of European institutions is definitely too weak, especially in the face of authoritarian and nationalistic tendencies we have been witnessing, not only on European territory, although regrettably on our continent as well."
Block populist forces
“Let populist forces not destroy the beautiful European idea. If we succumb, our children and grandchildren will never forgive us. Let us become advocates of the rule of law”.
“Let us not allow evil populist forces to destroy the beautiful European idea. If we succumb, our children and grandchildren may never forgive us. Let us thus become advocates of the rule of law.”
President's Last Call
At the very moment when the President uttered these words, and in the days that followed, the Government and the parliamentary majority were continuing their work of emasculating Polish justice - even accelerating it - in order to speed up the deliberations in progress. to the European Court of Justice. In desperation, the President calls ultimately help the representatives of the European legal order to react: it proposes the organization of a 'Pan-European congress' to debate the future of a Europe based on the rule of law.
Will the European Union remain deaf?
Even if such calls from abroad hardly seem to worry the mass of Polish public opinion, the European institutions have a duty to maintain their pressure on its current leaders: the courageous President should be invited to renew her plea before the European Parliament itself.
(Jean-Guy Giraud*)
Download the full speech
(1) Read also on the German blog dedicated to constitutional issues, Constitution blog
(2) Translation by us
*Administrator of the European Parliament then adviser to the President, secretary general of the Court of Justice then of the EU Ombudsman, director of the office of the European Parliament in France, Jean-Guy Giraud was president of the Union of European Federalists-France.
Chapô, intertitles and notes are from the editorial staff
