The government wants to set up 4 codification committees alternatively of 2 that have not worked for many years. This is foreseen by the draft fresh regulations of the Council of Ministers on the creation, organisation and operation of the civilian Law Codification Commission and Criminal Law. On the basis of 2 further projects, codification committees are to be established: household Law and the Judiciary and Public Prosecutor's Office.
Voice of experts
Members of the committee are to be appointed by the Prime Minister at the request of the Minister of Justice, after being given an opinion by the previously appointed president of the committee, among prominent representatives of the law, including practitioners. The codification committee has no legislative initiative and its drafts can be referred to the Sejm by the government. Then the representatives of the committee will participate in the legislative process of these projects as experts.
– A codification committee composed of distinguished experts is needed, due to the fact that the request for major changes in civilian and criminal law is of no doubt. Does the household Law Commission also? I have doubts. It's besides a civilist, and I think it's better to work on 1 committee. I have even more reservations about the Judicial and Public Prosecutor's Offices Commission, due to the fact that it is simply a very political, delicate task requiring a common imagination – says Prof. Maciej Gutowski, Adam Mickiewicz University, attorney.
– Under the current circumstances, it is hard for me to imagine specified a commission. The codification committee must take into account the different points of view, it is simply a place of discording views, it must consist of various lawyers. Otherwise, her achievements will be unrepresentative and impermanent, and this makes no sense," added Maciej Gutowski.
– It seems worth entrusting the work on the codes to these committees and letting them work calmly, and urgent projects that correct the effects of the incorrect reforms do not proceed quickly, with the expert group, but with consultations and full transparently – argued Prof. Gutowski.
And this is the doubts of Prof. Alexander Stępkowski, UW, justice of the ultimate Court:
– The appointment of each codification committee shall be a political decision. It is besides a way to appreciate the legal environment, due to the fact that participation in the work of specified a committee is nobilitating. This is peculiarly actual of the academic community, which has been heavy active in political controversy over the last 8 years on a circumstantial side of the political conflict. The same law departments, which have late criticised the ruling, do not see this request today, although there seems to be more reasons for defending the regulation of law.
The threat of delay?
– The establishment of a committee to deal with improvement of household law and the strategy of justice, i.e. areas with possible major controversy, may service to search academic legitimacy for government political plans. And if necessary, let criticism for hold in initiating the right legislative process to be dismissed from politicians, says justice Stępkowski.
Prof. Aneta Łazarska, justice of the Warsaw territory Court, is opposed to the codification commissions:
– The multiplication of specified entities will not contribute to improving the legislative process but will extend it for 10 years. There should be at most 2 committees: the constitutional improvement of the judiciary, the position of judges and their appointment, as this is the most urgent issue, and the another to the law in general, both civilian and criminal, with 1 chief to coordinate their work. It would suffice to establish appropriate teams of practitioners: judges, lawyers, appointed by local governments. I see no reason to affect the Prime Minister in their appointment.
– And they should focus on the most urgent corrections, not on tipping over full segments of it, due to the fact that it harms the law and its application," added the judge.
Prof. Michał Romanowski – UW, erstwhile associate of the civilian Law Codification Commission
I think it's right to reactivate the codification committees. The applicable request is due to the importance for social and economical life of the legal acts, which are the codes which the codification committee deals with to a major extent. A peculiar function of the Code is seen by the discipline of law, but besides by the constitution, which excludes key laws and codes from the urgent legislative mode. For this purpose, a codification committee is needed to guarantee their quality. Reactivation of the civilian Law and Criminal Law Codification Commission is natural, and the thought of creating a Judicial and Public Prosecutor's Office Codification Commission is simply a sign of time, which I consider to be a essential thought in terms of restoring the regulation of law and the request to build a fresh strategy of courts and prosecutors.
