The Provincial Administrative Court in Warsaw rejected the complaint of Supreme Court judges Dariusz Zawistowski and Karol Weitz against the President’s August decision regarding the appointment of the chairman of the meeting of judges of the Civil Chamber of the Supreme Court – thus reported the provincial administrative court .
According to established case law, administrative courts have no jurisdiction in cases involving complaints against official acts of the President of the Republic of Poland.
– according to the written justification of this decision, issued by Judge Agnieszka Łąpieś-Rosińska and posted on the website of the Provincial Administrative Court.
According to the ruling of the Provincial Administrative Court, the decision of the President of the Republic of Poland to appoint the Chairman of the Assembly of Judges of the Civil Chamber of the Supreme Court does not fall within the sphere of public administration, but within the jurisdiction of administrative courts, but is exclusively an official act of a systemic nature – related to the internal organization of the Supreme Court.”
The decision of the Provincial Administrative Court is not final and the parties have the right to appeal to the Supreme Administrative Court within 30 days.
Complaint
The case is a formal resolution of the complaint, which was widely reported in early September this year. It concerned the procedures relating to the selection of candidates for the President of the Civil Chamber of the Supreme Court.
Since the current President, Joanna Misztal-Konecka, was among the judges who wanted to run for President of this House in June, it was necessary to pause the session to ask the President to appoint a judge to would preside over the session. meeting after its resumption.
Controversy surrounding the co-signing
At the end of August, Prime Minister Donald Tusk signed President Andrzej Duda’s decision to appoint Judge Krzysztof Wesołowski to the Civil Chamber of the Supreme Court.
Tusk’s co-signing met with misunderstandings among parts of the judicial community, and more specifically among those favorable to the current administration. Wesołowski is, according to the mainstream, a ‘neo-judge’.
And shortly thereafter, Donald Tusk… “withdrew the countersignature.” However, according to many legal experts, it is still in effect.
In early September, the oko.press website reported that two judges of the Civil Chamber of the Supreme Court – Dariusz Zawistowski and Karol Weitz – appealed to the Provincial Administrative Court against both the Prime Minister’s co-signature and the President’s decision to appoint Judge Wesołowski to be appointed president. the chairman of the meeting of the Civil Chamber.
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as/PAP/wPolityce.pl
Source: wPolityce