On Thursday, Minister of Justice Adam Bodnar’s regulation amending the regulations of the ordinary courts will come into force. In response, the National Council for the Judiciary announces that the case will be referred to the Constitutional Court.
The change in the regulations on the operation of the ordinary courts, which comes into force on Thursday, means that requests to exclude a judge because of the way he or she has been appointed to judicial office will not be recognized by judges who are appointed to the court. In the same way. The National Council for the Judiciary describes the change in regulations as “a gross violation of the Constitution” and announces that an application in this case will be submitted to the Constitutional Court.
Cases concerning the consideration of a request for the exclusion of a judge in a situation where the grounds for such a request include circumstances relating to the appointment of a judge will not be assigned to judges who have taken up their duties as a result of a request for the appointment of a judge submitted to the President of the Republic of Poland by the National Council of the Judiciary formed in accordance with art. 9a of the law of 12 May 2011 on the National Council for the Judiciary (…) These judges are not included in the allocation of cases referred to in the previous sentence by SLPS (Random Case Assignment System – PAP)
– says the change in regulations.
Previously, during the consultation, the Ministry of Justice pointed out that this solution would prevent the participation of persons appointed by the National Council for the Judiciary, established after 2017, in the consideration of these types of requests. These judges are not involved in SLPS case assignments.
Ministry translations
The ministry explained that “the proposal to amend the regulations is the result of the fact that the law of December 8, 2017 on the National Council for the Judiciary introduced a procedure for the election of judges-members of the National Council for the Judiciary , which is contrary to the Constitution.
The change in the regulations does not apply to assessors and judges who have resigned from their office of judge and subsequently returned to the office of judge and the previously held position “if they have accepted the previously held position in a manner other than as a judge ”. result of an application for appointment of a judge submitted to the President of the Republic of Poland by the National Judicial Council formed in accordance with Art. 9a of the law of 12 May 2011 regarding the National Council for the Judiciary.
On Wednesday, the National Council for the Judiciary responded negatively to the Minister of Justice’s regulations on the X platform.
Today a regulation was published that is in flagrant violation of the Constitution. The Minister of Justice has excluded a number of judges from hearing one category of cases. In response, the National Council for the Judiciary will submit a request to the Constitutional Court
– informed the National Council for the Judiciary.
gah/PAP
Source: wPolityce