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A hearing took place in Luxembourg on Friday, during which the European Commission and Poland presented their arguments on the ruling of the Court of Justice of the European Union on the suspension of the Supreme Court Act. On the basis of the arguments presented, the Grand Chamber of the Court, composed of 15 judges, will decide whether the initial decision of the Deputy President of the Court to suspend the act will be admitted or repealed.
This preliminary ruling was announced on October 19, and Poland was given a month to inform him how he respected the decision to re-establish the judges retired and to refuse new nominations. The deadline expires on Monday.
– It is difficult to say if the ECJ will maintain this temporary measure, which reverses the changes in the Supreme Court. I do not know whether the tribunal's decision will be beneficial or not, because now it's about a wealth of reasons. However, the Polish side has presented its position and this is a very valuable issue, because judges need to get acquainted with the argument of the government, "said Michał Wójcik. – The decision to suspend the law of the Supreme Court has not yet been adopted. Because this decision was a provisional decision and I do not hide it, strange in its content – he added.
The Deputy Minister of Justice also referred to the legal disturbances that prevail over the law on the Supreme Court. – Let's remember one thing. What will happen if the decision is completely different from the one that will be launched in a few months? Anarchy. When adopting a provisional order, we must also accept a hypothetical situation that in a few months the verdict may be different from this provision – said Michał Wójcik.
Prof. Małgorzata Gersdorf reminded that he is not the President of the Supreme Court today. – The Polish law is unambiguous, so, as we speak today, Mrs. Gersdorf is a retired judge and hence the former president of the Supreme Court, "he said.
We invite you to listen to the entire program.
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Program Title: Pulse Three
lead: Marcin Pośpiech
Guests: Michał Wójcik (Deputy Minister of Justice)
Date of issue: 16.11.2018
Date of issue: 17.45
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