• Temat numeru
  • Artykuł pochodzi z numeru IUSTITIA 1(31)/2018, dodano 20 czerwca 2018.

Sędzia o mentalności służebnej jest karykaturą sędziego

„Admittedly, the Polish society wishes for changes in the judiciary to be implemented, but it wants first and foremost, and it has been repeatedly discussed in this house, more speedy proceedings and this can only be achieved by improving the procedures. Half the kingdom to the one who can show me one regulation serving this purpose in the bill under discussion today. Extraordinary claim can certainly not serve this purpose.

(…)

And finally, yes, the society does accept the idea of purging the judiciary of its compromised members and so do I. But the High Court today truly is no Augean stables full of communist thugs. It has been fully rebuilt with respect to the personnel in the 1990s, and among its employers there are more and more people who know Communism from literature only.

(…)

Ladies and gentlemen Senators, there was such a sad period in history, in our history, when many tragedies were caused by the fact that the judges were people of mentality menial to the state. What’s more, you are the ones claiming – if you are able to show examples I will agree, I will say you are right – that such mentality menial to the state from that period was not properly eradicated by the judiciary community. I wish to believe that those who very shortly will follow me to my beloved judiciary will not be people of mentality menial to the state. A judge of a menial mentality is a travesty of a judge.

(…)

Mr. Speaker, Ladies and gentlemen senators, I conclude my speech referring back to what I opened with, with a certain measure of hope that today need not be the last day of this High Court which is spoken of in article 183 of the Constitution. And this hope I take from the faith that for the senators the Constitution is not just a booklet, but that it is a system of values accepted in a referendum by the nation, the nation spoke of in article 4 of the Constitution. And that it is a system of values not only accepted by this Nation in a referendum but also deeply rooted in it, with two most important values being liberty and dignity. During the last weeks, you have seen and heard the same triad of demands over and over again: free courts, free elections, free Poland.

(…)

But I urge you to remember that they are inseparable. And I urge you to remember that if your vote turns against any of these demands, free people will remember about the free courts, the free elections and first and foremost about free Poland”

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