Today, President Andrzej Duda submitted a request to the Constitutional Court to examine the constitutionality of the provisions of the Regulation of the Minister of Justice, which amends the regulations on the functioning of the ordinary courts.
The Chancellery of the President published information on this issue on its website.
The subject of the application is to investigate compliance with the Constitution of paragraph 43. 1a of the Regulation on the functioning of the ordinary courts, introduced by the regulation of the Minister of Justice of February 6, 2024 amending the regulation – Regulation on the functioning of the ordinary courts (Official Gazette, paragraph 149), in light of which: “Matters concerning the examination of a request for the exclusion of a judge in a situation where the basis for this request is the circumstance related to the appointment of a judge, shall not be assigned to judges who have assumed their duties as a result of the application for appointment of a judge submitted to the President of the Republic of Poland by the National Council of the Judiciary established in accordance with Article 9a of the Act of 12 May 2011 regarding the National Council for the Judiciary (Official Gazette of 2021, item 269 and of 2023, item 1615). These judges are not involved by the SLPS in the division of cases referred to in the previous sentence.”
– we read in a statement from the presidential office.
The models of constitutional control mentioned in the application are in particular: Art. 179 in connection with art. 144 section 3 point 17 and in connection with 180 and art. 10 section 1 of the Constitution and Art. 178 section 1 and art. 173 of the Constitution
– added.
Article 179 of the Constitution stipulates that judges are appointed by the president at the request of the National Council for the Judiciary, for an indefinite period. Article 178(1) provides that judges are independent in the exercise of their duties and are subject only to the Constitution and the laws, and Article 173 states that courts and tribunals are an authority separate and independent from other authorities.
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olnk/PAP/X
Source: wPolityce