Judicial white paper inconsistent and biased - Supreme Court President

The white paper prepared by the Polish government to explain its judicial reforms is "methodologically inconsistent" and contains information that is "distorted or even untrue", according to the First President of the Supreme Court (SN), Malgorzata Gersdorf.

Gersdorf believes the document handed over by Prime Minister Mateusz Morawiecki to European Commission President Jean-Claude Juncker on March 8, features many statements, "which have no justification, and includes assertions that are sometimes self-contradictory and logically exclude themselves." In the SN first president's assessment, the white paper and its eight-page compendium contain information that is distorted or even untrue and which demand to be disclaimed.

"It is a methodologically inconsistent analysis," she wrote in a statement, in which various aspects of different and separate pillars of the judiciary are mixed "in an unauthorised and biased way," especially the Supreme Court and common courts. She added that the argumentation presented in the white paper "does not touch on the essence of the problem and distracts from essential issues."  

In her view, the legislative actions undertaken by the government concerning changes to the judiciary are not about the freedom of Polish lawmakers to shape the judicial system in Poland but rather about Polish lawmakers shaping the law in contradiction of the constitution and its interpretation, as established by rulings of the Constitutional Tribunal, Supreme Court and legal doctrine.

Gersdorf went on to argue that citing solutions in use in other EU member states has no importance whatsoever, as the judiciaries functioning there do so within a different constitutional, systemic and politico-cultural contexts.