President asks Constitutional Tribunal about Supreme Court resolution

On Monday, President Andrzej Duda turned to the Constitutional Tribunal to examine whether it is possible to deem the Supreme Court’s proceedings invalid based on the assessment of the validity of the selection procedure for candidates for judges conducted by the reformed National Council of the Judiciary (KRS).

The president also asked if, in accordance with the provisions of the Supreme Court (SN) act, the SN is entitled to assess the validity of the court judges’ appointment and the validity of court’s rulings if among judges is a person nominated by the reformed KRS.

On January 23, three chambers of the Supreme Court - Civil, Criminal and Labor - adopted a resolution regarding participation in the judicial panels of judges nominated by the reformed KRS. The resolution referred to the provisions of the Code of Civil and the Code of Penal Procedure to which the President's motion relates.

According to the SN resolution, judges appointed by a reformed KRS cannot rule in criminal cases and their presence on judicial panels in civil cases was against the law.

Michał Laskowski, the spokesperson of the Supreme Court said that the ruling is an execution of the ruling of the EU Court of Justice and is a result of a compromise and exchange of different views, also among the members of the Supreme Court.

The Ministry of Justice has stated that the SN’s resolution had no legal effects and has been issued in gross violation of the law. On Friday, Prime Minister Mateusz Morawiecki announced that he would request the Constitutional Tribunal to examine the constitutionality of legal provisions that were implemented by the SN to issue their resolution.

In turn, the KRS sent a request to the Constitutional Tribunal for a declaration of unconstitutionality of provisions deeming a judge appointed by the President at the request of KRS an unauthorised judge.

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