The Commission approved a draft law to separate the roles of the Minister of Justice and the Prosecutor General and suggested an individual verification of ne judges' status, emphasizing the need for an independent body to assess their situation.
It noted that automatic removal of ne judges from their positions would not align with European standards, and the verification process should not be excessively lengthy. In a second opinion, the Commission recognized that the proposed changes to the prosecution system are necessary to restore the rule of law.
The Helsinki Foundation for Human Rights (HFHR) commented on this ruling, observing that the opinions of the Venice Commission align with recommendations previously presented by HFHR representatives. The foundation believes that the direction taken by the Commission confirms the organization's earlier demands.
According to TVN24, the Ministry of Justice has posed questions to the Venice Commission regarding the status of judges appointed by the new National Judiciary Council, over 2500 of whom currently serve in Polish courts.
It was pointed out that nearly half of the ne judges are individuals who were previously judges, while 400 of them are former lawyers, notaries, or prosecutors.
HFHR experts emphasize that their return to previous positions could violate the Constitution. The Ministry of Justice also inquires whether resolutions issued by the National Judiciary Council after March 2018 can be considered non-existent, as well as about the appellate rights of judges being verified in this context.
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Source: PAP/TVN24/HFHR
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