Equality before the law is only possible when justice is blind—administered to all indiscriminately, without fear or favour. Lacking the votes necessary to amend the law, Tusk’s government has effectively abolished this principle by decree. Under new regulations, court presidents appointed by the minister of justice now effectively hand-pick judges, ensuring that the outcome of court proceedings becomes a politically desirable foregone conclusion.
Donald Tusk’s left-liberal government and its political allies have just introduced, in violation of statutory law, a fundamental change to the mechanism for assigning cases to judges, through an executive act, namely a ministerial regulation. Under these new rules, instead of all three judges on an adjudicating panel being selected by random draw, only one is now chosen by lot, while the other two can be “appointed” by court management—most of whom were themselves unlawfully installed by the Tusk government.
This decision constitutes an attack on the constitutional principles of impartiality and judicial independence. It abandons randomness—the very safeguard ensuring that no authority or superior could influence who hears a case. In practice, court presidents, now loyal government appointees, have gained a tool to hand-pick panels for key, particularly political, cases. This change completes the process of subordinating the judiciary to the executive branch. After taking over the prosecution service and unlawfully dismissing court presidents, the Tusk government now wields control over adjudication itself.
Join the conversation as a VIP Member