Mec. Gregorczyk: Will president Nawrocki side with citizens or choose organization loyalty

– I presume that all attempts by Minister Waldemar Żurek to repair the justice strategy will be treated as "a judge's god syndrome", to which the president referred in the message," says Counselor Sylwia Gregorczyk-Abram, co-creator of the Free Court Foundation.


President Karol Nawrocki speaks of judges – 'they are not gods', about Poland – 'not on the way to the regulation of law', announces a fresh constitution. What does that mean?

Counselor Sylwia Gregorczyk-Abram: This means that president Karol Nawrocki will not get off the road chosen by president Andrzej Duda. And even, in my opinion, this course may get worse.

Speaking in a speech about the judges, the president showed how their independence, their rebellion towards the takeover of the judiciary by politicians, persecuting the United Right. And besides how much they want to bring to an end the question of taking full control of the courts. So, finish what was stopped in October 2023.

Are you amazed that in his first speech, the president devoted so much time to the regulation of law?

It would be no wonder that the president in the message speaks of the regulation of law. That would be desirable. But as he says...

He mentions the illegally elected national prosecutor, according to him, Darius Barski. He points out that "Poland must return to the regulation of law".

I agree, Poland must return to the regulation of law, and the road map for this return is drawn by the judgments of European tribunals. It's a pity the president doesn't mention that in the message.

So we can forget about these sentences?

After this speech, there is no indication that president Nawrocki will prosecute these judgments and that he will want to heal the issue of judicial independency in Poland.

Unfortunately, he did not show that he was a statesman who would respect Poland's global obligations. In his message, the president announced that he would not let the European Union to take over Poland's competences. And I am afraid that under this message he besides understands the non-execution of those judgments that undermine the alleged improvement of the judiciary introduced by the United Right.

The president says, "I will not advance or nominate those judges who agree to the constitutional order of the Republic of Poland."

This declaration means 1 thing: the president wants to nominate only the judges he considers appropriate, covering himself with the alleged criterion of "conceiving constitutional order." After all, this is specified a general phrase that in the future it can be a lock word that allows full arbitraryness of power.

Meanwhile, the process of election of judges in Poland is described in the Constitution and consists of 2 stages: the proposal of the National Judicial Council (elected legally with respect to the voice of the judiciary) and the act of appointment by the President. There's no area for verification and assessment of whether or not the designated candidates like the president.

Changes in the KRS require the approval of the fresh president, which we will most likely not see.


The president is not expected to want to heal the National Judicial Council. I besides presume that all attempts to repair the justice strategy by Minister Żurek will be treated as a "judge's god syndrome", to which the president referred in the message.

The president just attacked Minister Żurek.

I'm not surprised. Waldemar Żurek before becoming Minister was 1 of the most independent and courageous judges. He was a symbol of the fight for the independency of the judiciary, a symbol of why president Karol Nawrocki is so openly opposed. That's most likely why he gave him a seat in his speech.

We're dealing with 2 worlds now. The first is the planet of Minister Żurek, in which he committed himself to the principles, to defend the fundamental values and to reconstruct to citizens their fundamental right, namely the right to an impartial and independent court. The second is the planet of president Nawrocki, who announced that he would not only pull a hand brake, but even openly fought against the government's efforts to heal the situation in the area of the regulation of law.

He besides announced the appointment of the Council for the Repair of the State strategy at the Presidential Palace. He wants to invitation representatives of all political, academic groups. Good idea?

The situation in the justice strategy is very polarizing the society, generating quite a few emotion. Therefore, it is not a bad thought to propose a council. However, after listening to the message, I have doubts whether the president is actually seeking a compromise, or whether this advice is intended to service something else.

Why?

For example, legitimizing his actions. The question is whether the council will actually represent all political groups. By their actions we will know them, by the transparency of their actions we will know them, by the composition of the council we will know them.

The judgments which have been given both by the European Court of Human Rights and the Court of Justice of the European Union give us clear indications on how to rebuild the regulation of law in Poland. There are besides codification committees that work on how to implement these judgments into the legal order. There's no request to call any more advice. All you gotta do is execute those sentences.

The president is besides announcing a fresh constitution for 2030.

I'm not surprised. The change of constitution has long been the dream of the United Right.

And president Charles Nawrocki is in precisely this dream. It's just to seal the strategy so that you can never quit erstwhile again. As in Hungary. There the government has a majority to change the constitution, which effectively concreted its governments for years.

Sealing the system, taking full control of citizens – this is in my opinion the thought of this constitutional change we heard about in the message.

Is specified a Hungarian script real for us?

When the United Right began to regulation in 2015, it was following the Hungarian way: taking over the courts, trying to take over free media, taking over the Constitutional Court, changing the electoral system, attacking rights and civilian liberties including the LGBT community.

The detention took place in 2023. But most likely continuing this plan and taking full control of the state, as is happening in Hungary, is the perfect script for PiS and Karol Nawrocki.

And Charles Nawrocki is most likely the perfect president for the PiS to head this way.

During the message we saw that Karol Nawrocki is simply a good partner for the United Right.

Are we gonna miss Duda yet?

I personally miss president Andrzej Duda I won't. I believe that he has done quite a few incorrect – both in the context of the protection of human rights and the functioning of the judiciary. If you're asking if this course can be tightened up by president Nawrocki, I'm afraid so.

What opportunities do the rulers gotta do their job, even if the president does not cooperate? Regulations?

I'm certain the bill needs to be voted on and submitted to the president for signature. There are no excuses here. From my conversations with citizens and citizens, this is 1 of the main charges directed towards the government. Just the deficiency of legislative initiative.

We request to show who is politically liable for not introducing laws, who inhibits change. It takes good communication and good government action so that citizens know who is politically responsible. Otherwise, our future is questionable.

Some of the expected changes must be introduced by law. In any situations, the government has already reached for another – non-statutory solutions that – although far from perfect – have contributed somewhat to the change of situation.

Like what?

For example, we don't have a revision of the draconian bill setting out the grounds for legal pregnancy appointment, but we have guidelines for prosecutors, we have guidelines from the wellness department for hospitals. likewise with the speech of hate, there were very good guidelines for prosecutors here, although president Duda himself decided to halt changes in the fight against hatred speech. These, of course, are far from adequate and sometimes fail. In the current situation, the government will most likely strengthen these non-statutory bypasses where necessary. Although it must be made clear that citizens deserve much more.

For the time being, the defective National Judicial Council continues to function. We look forward to Minister Żurek's proposal, who has already announced that he will present it to all the coalitions, in order to build the widest possible support for change. In general, it must be said that a number of initiatives have been prepared in the Ministry of Justice on changes in the justice system, on which Minister Żurek can surely build draft laws. What we know from his last press conference is about to happen quickly.

It's most likely been a long time to get all this back on track, especially since circumstances aren't conducive.

Unfortunately. I, on the another hand, very much believe in Mr Żurek and believe that his actions will be effective. We talk a lot about the fresh KRS or alleged neo-judges. This, of course, is crucial for the foundations of the regulation of law. But it is besides also crucial to make real changes to the functioning of justice, which will make the situation of citizens in courts much easier.

Minister Żurek announced that there would be concrete solutions for frankoviches, to velocity up proceedings or to inform courts. We'll see if president Nawrocki can stand by the citizen or choose organization loyalty.

What are the times for judges?

The statements by president Nawrocki about the judicial environment we heard during the message are disturbing and confrontational. It is besides an effort to strengthen the division into "yours" and "ours: judges, which is the worst script not only for the judges themselves, but above all for the citizens.


I was never afraid of independent judges, and now I'm not afraid. Everyone showed that they would defend the independency of the justice to the end, whether it was from president Duda or from president Nawrocki. Whether the United Right or any another government rules.

It's most likely gonna be a tough time for Minister Żurek.

Is this gonna be a tough time? It's gonna be a tough time. Is he a man for specified a hard time? I have no uncertainty about that.