Minister of Justice Adam Bodnar expressed his concern about Tuesday’s decisions by the First President of the Supreme Court, Małgorzata Manowska, regarding the Labour and Social Security Chamber of the Supreme Court – as stated by the Ministry of Justice.
The Supreme Court announced on Tuesday morning that from Tuesday – until the President appoints a Supreme Court judge to perform the duties of the President of the Labor Chamber of this court – the work of this chamber will be managed by the First President of the Supreme Court, Małgorzata Manowska. Some Supreme Court judges questioned this interpretation of the regulations. According to them, in this situation the Chamber is headed by the highest chairman of the department in this Chamber, namely Judge Dawid Miąsik.
After hours On October 16, a message was posted on the Supreme Court’s website stating that President Manowska had authorized Judge Miąsik to carry out activities related to the organization and management of the Chamber of Labor and Social Security. The current situation in the Chamber of Labor and Social Security of the Supreme Court is caused by the fact that the term of office of the current president of this Chamber, Piotr Prusinowski – a judge appointed by the National Council of the Judiciary before the changes in 2018 – expired on September 2 this year.
In the evening, the website of the Ministry of Justice published a statement by Minister Bodnar regarding the situation in the Labor and Social Security Chamber of the Supreme Court.
Minister of Justice Adam Bodnar expresses his concern about today’s decisions of the First President of the Supreme Court, Małgorzata Manowska, regarding the Labour and Social Security Chamber of the Supreme Court
– we read in the statement.
As noted, “the Minister emphasizes the need to uphold the standards arising from the applicable legal provisions, which clearly indicate who should lead the Chamber at the end of the term of office of the President of the Supreme Court, while no successor has been elected.”
The statement said that, in accordance with applicable law, Prof. Małgorzata Manowska “does not have the authority to manage the Chamber of Labor and Social Security, nor does she have the authority to authorize a judge to carry out activities related to the organization and management of this Chamber.”
Firstly, because she was wrongly appointed to the Supreme Court (as confirmed by numerous judgments of the ECtHR and the CJEU) and then to the position of First President of the Supreme Court.
– emphasized.
Secondly, because, in accordance with the correctly applied law on the system of common courts, the ex lege management of the Labour Chamber was taken over by the Supreme Chairman of the Department of the Labour Chamber, Judge Dawid Miąsik of the Supreme Court. In 2018, on this legal basis, Katarzyna Gonera was appointed as the manager of the Labour and Social Security Chamber, and Wiesław Kozielewicz was appointed as the manager of the Criminal Chamber.
– recalled in the statement.
In view of the above, today’s decisions of the First President of the Supreme Court remain contrary to applicable regulations and have no legal effect.
according to the statement.
tkwl/PAP
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Source: wPolityce
Emma Matthew is a political analyst for “Social Bites”. With a keen understanding of the inner workings of government and a passion for politics, she provides insightful and informative coverage of the latest political developments.