The Senate Constitutional and Legal Committee on Tuesday discussed the president’s nominee for the new constitutional judge, Petr Poledník.
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“Most of us are surprised by the proposal because we don’t know who Mr. Poledník is. So, like me, most of the committee members only found out since yesterday. That’s why we can’t not comment on this yet,” explained Tomáš Goláň (SEN21), Chairman of the Constitutional and Legal Committee of the Senate, to the iROZHLAS.cz server.
According to him, Poledník hasn’t made any significant public appearances, so it’s hard to decide whether he’s really competent for the job.
“I don’t know if he’s a very suitable candidate, because he failed the bar in the elections to his superior bodies. There had to be a reason. It’s very difficult to navigate someone who was not active in public and who did not act in any way. He was not in any court, he was not in the Supreme Administrative Court, he was not in any body where we knew his work. He’s a relatively unknown person. When someone like that shows up, it’s hard to decide all of a sudden,” Goláň complained.
Comparison of lawyers
The success of attorneys in high court is compared on the About Lawyers website. According to him, Poledník failed in the Constitutional Court in most cases, the court heard only four of his 76 motions on the merits. By comparison, former Zeman candidate Ales Gerloch received substantive hearings in 39 of 137 cases.
Adéla Šípová, pirate senator, lawyer and member of the Constitutional and Legal Committee, also criticizes Poledník for insufficient editorial activity. According to her, these are mainly comments on what is happening within the Bar Association, there are no professional texts. So far, Šípová describes his attitude towards Poledník as “reserved” and notes that there are more such senators.
Šípová also stated that she was also aware of Poledník’s work as a referee. Although “this information does not appear in the documents sent by Mr. Poledník to the office of the Senate”, he is aware of it and considers it problematic.
“It is a problem if the arbitrator decides with knowledge of already established case law on the basis of invalid arbitration clauses,” explained Šípová, adding that the constitutional judge should have a certain moral and professional basis. “I think it’s missing here,” the senator concluded.
Lawyer Petr Němec has particular experience in Poledník’s arbitration work. He conducted disputes with credit companies who used the so-called arbitration services of a private arbitration court, founded by lawyer Tomáš Sokol. And the proposed candidate for the post of constitutional judge Petr Poledník was a member.
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“There were invalid arbitration awards made there and, according to them, illegal executions took place, which we are stopping,” confirms the words of Senator Šípová for iROZHLAS.cz Němec.
According to him, the key was the unification of case law in 2011, which abolished the validity of arbitration clauses in individual loan agreements.
“From May 11, 2011, all arbitrators and legal professionals should know the case law and know that arbitration clauses are void and should not have ruled. And Mr. Poledník and other arbitrators of the arbitral tribunal continued to make conclusions. Why? Because at that time it was still believed that if an invalid arbitral award was made and you enforce it in the execution that is initiated, the defect is corrected”, explains Němec, explaining that at such a time, the debtor could no longer object and the execution was in progress.
“But the Supreme Court said after 2013 that the defect is of course transferred to the enforcement procedure and that they must be stopped. So there was a period when arbitrators deliberately rendered invalid arbitral awards,” explains the lawyer.
He proves this on his Twitter account by a resolution of the Přerov bailiff’s office, which stopped the ordered execution, which was carried out on the basis of an arbitration award by Petr Poledník. He was to release the arbitrator on April 4, 2012, nearly a year after the Unified Jurisprudence was unified.
According to the German, several dozen, possibly more, decisions were made by Poledník. However, he could not find the exact numbers. “When we asked through the ‘hundred’ (Law on free access to information, editor’s note)so the court asked us for a lot of money,” he explains.
The iROZHLAS.cz server tried to contact Petr Poledník several times, by phone and by SMS. In one instance, he answered the call after the editor introduced himself, but did not answer and ended the call. Afterwards, he did not answer the phone.
Women in the Constitutional Court
Like Šípová, lawyer and publicist Tomáš Nahodil, who devoted himself to the Constitutional Court during his stay in Lidový noviny, highlights Poledník’s professional career.
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“After 2000, private arbitration tribunals were a huge generator of all these unfortunate human fates. Arbitration clauses were agreed in favor of private credit companies and banks. And many people, with the non- payment of an installment, found themselves in situations where their debt was due in full and they were ordered by private arbitrators to pay it,” Nahodil explained, adding that the findings were made by courts in private arbitration. Execution then followed.
According to him, it was a mechanism for creating debt traps, the consequences of which we still suffer today. “In my view, it is socially disqualifying that a person who participated in something like this even after the Supreme Court issued a unifying opinion that private arbitration tribunal arbitration clauses are invalid will accept candidacy,” he said, adding that it would certainly be better if Šimáček’s wife replaced the judge at the Constitutional Court.
“We have a number of great lawyers here in their 40s. Take, for example, Lucia Hrda, a lawyer who deals with a certain social subject (sexualized violence – editor’s note), he goes for it, convinces the others. We know how it’s enshrined in law,” he said, noting that he couldn’t say exactly that about Poledník, as the lawyer gave his opinions on matters discussed by the Court. constitutional law in recent years, such as election law, church restitution, service law and more, has not written publicly.
“Take Barbara Havelka, for example, she teaches at Oxford. And there are a lot of women over forty with ten years of experience. But the president does not appoint them as constitutional judges,” he said. he says.
Similarly, the president of the court, Pavel Rychetský, expressed a similar opinion, stating that “there are undoubtedly a number of quality women in the legal community”, and now only one, Milada Tomková, sits on the plenary session of the court.
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