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The rule of law is a key priority for all

06.09.2024

The Prime Minister’s Office invited legal experts to discuss changes aimed at restoring the rule of law in Poland. This was the first in a series of Civic Consultation meetings announced by Prime Minister Donald Tusk. The topic of today's meeting was 'Rule of Law'. The Prime Minister and the Minister of Justice outlined the key aspects of the plan of restoring constitutional order in Poland. One of the key issues will be the draft law on the status of the so-called neo-judges and the Supreme Court reform.

Prime Minister Donald Tusk and Minister of Justice Adam Bodnar during the Citizens' Consultation at the Chancellery of the Prime Minister.

Gratitude for lawyers’ steadfast attitude

The meeting started with words of gratitude by Prime Minister Donald Tusk, as he thanked the legal community for their steadfast attitude and resilience. 

“This heartfelt 'thank you' is based on my conviction that without your attitude and resilience throughout these years, when the rule of law in Poland was violated over and over again, we would be in a much worse situation,” 

said the Prime Minister. 

As he noted, restoring the rule of law is a long process, but thanks to courageous lawyers who risked their interests and even their personal safety, we are still able to do so. 

Minister Adam Bodnar brought up all the efforts and everything that has been accomplished thanks to the fact that the Ministry of Justice kept in constant touch with civil society organisations, legal organisations, judges and prosecutors. 

Restoring the rule of law without breaking the law

Prime Minister Donald Tusk pointed out that the biggest challenge is to restore the rule of law in a way that does not violate the law. 

“We have made a commitment to the citizens, to ourselves and to our partners in the European Union that we will restore the rule of law in Poland in a way consistent with the highest possible legal standards - we are not going to use any methods or measures incompatible with the rule of law and legal order,” 

the Prime Minister noted. 

He assured the audience that he understands their concerns and impatience, as everybody would like to see change happen faster and to restore the sense of justice. The government is particularly focused on this. 

“For us, this state of affairs - this transitional period - is extremely costly in terms of reputation, as well as agency and our ability to carry out rapid processes and make quick decisions. . . We are not flawless and perfect, but we are determined to change this," 

the Prime Minister added. 

Goal: Rule of Law

The determination in the fight to restore the rule of law was also emphasised by the Minister of Justice. 

“The key objective right now is to make changes and introduce laws that restore the rule of law in Poland once and for all . . . Not all changes that we would like to see are possible. At the same time, we are determined to work towards making this happen,” 

Adam Bodnar declared. 

During the meeting, the topic of accountability of the previous government, whose actions led to the breakdown of the rule of law in Poland, also came up. 

“The restoration of the rule of law has to cover this dimension, that is very clear to everybody.  I am talking about the responsibility for the crimes, abuses and violations - not only financial, but also systemic ones. . . The scope of these audits and accountability of the government . . . is likely the largest in decades in all of Europe,” 

the Prime Minister concluded. 

The meeting went on for five hours.

Government draft on the status of the so-called neo-judges

The restoration of the rule of law in Poland will be accomplished thanks in part to the solutions discussed at today's meeting. 

“They should conclude this most important and difficult step - including holding the so-called neo-judges accountable and restoring justice as far as staff is concerned,” 

the Prime Minister declared. 

As Minister of Justice Adam Bodnar explained, judges who contributed to the creation of a non-democratic system will be subject to disciplinary penalties. These penalties may cover up to 500 people.

“These people are going to be assessed from the standpoint of violations of judicial ethics. . . A special body - disciplinary ombudsman - will be established for that purpose,"

the Minister of Justice pointed out.

In order for the rule of law to be restored, an amendment to the Supreme Court Act is also required.

“We all agree that the two chambers of the Supreme Court, namely the Chamber of Extraordinary Audit and Public Affairs and the Chamber of Professional Responsibility, must be abolished. . . We also agree that in order for the justice system to function in the transitional period, retired judges need to be able to resume working for two years,”

Adam Bodnar explained.

After the meeting, Prime Minister Donald Tusk was satisfied with the common ground reached by the participants. 

“We all share the same conviction - that the rule of law in Poland is paramount for all. Without the rule of law, we are never going to feel the satisfaction from rebuilding Poland after 15 October - and this concerns all the citizens,” 

the Prime Minister stated. 

The President's shocking words

During the press conference, Donald Tusk also referred to the words of President Andrzej Duda during a meeting with the President of Lithuania and international journalists.  

“This nonsensical accusation that Polish services and the Polish government are cooperating with the Russian special services made during an ongoing war, as we are working with our Lithuanian partners on the Shield East initiative, and as trust in Poland is absolutely crucial comes at a really bad time,” 

the Prime Minister noted. 

He explained that the President's words were not only damaging to himself, but above all to Poland's interests and security. 

“When Law and Justice was in power - the President must surely have known this - cases like Rubtsov's, which involved sharing the case files with indicted people suspected of espionage at their request , happened 12 times,”  

said the Prime Minister. 

He added that this had nothing to do with confidential information, the disclosure of which could be a threat to state security.

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