Draft amendments to the law of the courts system

Ministry of Justice submitted a draft amendment to the law courts system. It is more than obvious that the nature of the proposed changes are cosmetic and nieczego not change the functioning of the Polish justice. The proposed amendments do not affect the problem of judges 'corporatism' - in fact bypass the problem. And so the environment and the referee reports of further postulates that the strengthening of "judicial self-government." Well, any "strengthening" of judicial self-governance in ordinary courts in no way will improve the quality of Polish law courts. On the contrary, can only worsen the bad situation.

Draft Amendments to the Law Courts of the universal impact of decreasing the Minister on the choice of the President of the courts, the introduction of kadencyjności chairmen of departments and periodic evaluation of judges.

The change by reducing the impact of the Minister of Justice on the choice of the President of the courts is reflected in the fact that the minister will no longer choose the same candidate. For example, candidates for the head of the appellate court will be depicted by the Minister to collect the judges of the appeal.

Following the reform of the internal structure of the district courts shall be based on two faculties: civil and criminal penalties. Departments such as family or employment will be created only when the forces are increased influx of cases.

After the amendment to the law department chairmen of the land registry department of economic and sets the record will be Secretary to the court.

Another major change is the way the appointment of chairmen of departments. After changing presidents will be called by the President of the faculty of the court for a specified period not exceeding two years. In turn, the director of the court will be elected in a contest to eight year term and will continue to be subject to the President of the court. Its powers will include the allocation of posts between departments officials.

Another change concerns the introduction of periodic evaluations of judges. The assessment will be carried out once every four years and will be based on a four-level scale (positive with distinction, in the affirmative, subject to positive and negative). In the event of a positive assessment by the judge, subject to negative after one year, or will be made on a reassessment of his work. In the case of re-evaluation of attention will be paid to whether misconduct has been removed and that is not repeated.

The assessment will be conducted by specially designated judges inspectors appointed by the President of the Court of Appeal of the judges of the appeals and district. They will be assessed the effectiveness of diagnosis of cases assigned, the rights of the parties, making clear statements on the issue and the justification of decisions, as well as skills.

The entire amendment - rather than cause an unnecessary discussion in the judge's environment - can no longer be thrown into the trash today and it did not bother their heads. This is typical of the Ministry of Justice used the apparent motion of support of the notion that "something is being done." His time for such "reform" were to be municipal courts. Today, "reform" is the elimination of municipal departments in the district courts. The whole operation so many years ago and now bring to the change of the brass plates on the door of judicial offices.

Polish system of justice needs to be reformed, which once and for all put an end to sędziowskiemu korporacjonizmowi and roll away the judges from courts management capabilities. Such a change can be done without changing the Constitution of the Republic of Poland. The case is relatively simple. Should be strongly reinforced the powers of individual colleges courts (district, appellate) and think about their proper location in the structure of the district courts. Assembly of judges should be either completely eliminated or deprive them of any responsibility of governmental authority, or even opinions in relation to the management of the courts. And most important issue: the college courts should invoke the actual participants in the judicial process, which lawyers and prosecutors, while retaining their marginal representation in the judicial environment. And all the ills of Polish justice from day to day would be solved ∂ a professional judge, without any directives, would be the crown of the legal profession, as all long-standing call for the environment, but do not pursue.