Serious changes to court regulations prompt constitutional review requests
On Thursday, a regulation issued by the Minister of Justice, Adam Bodnar, amending the rules governing ordinary courts will take effect. In response, the National Council for the Judiciary announced plans to refer the matter to the Constitutional Court for scrutiny.
The newly implemented regulation specifies that requests to exclude a judge from proceedings due to concerns about how that judge was appointed will not be recognized by judges who occupy seats in the court. The National Council for the Judiciary has described this change as a serious breach of the Constitution and confirmed that it will file an application with the Constitutional Court to challenge the rule.
Cases involving petitions to exclude a judge on grounds related to the appointment process will not be assigned to judges who began their duties after a nomination was submitted to the President of the Republic of Poland by the National Council for the Judiciary established in line with Article 9a of the 2011 law governing the council. These judges are not included in the case allocation system described in the previous sentence by the Random Case Assignment System.
— this is how the change in regulations is described.
During the consultation phase, the Ministry of Justice had argued that the solution would prevent participation by judges appointed to the National Council for the Judiciary after 2017 in handling these types of petitions. Those judges are not involved in the case assignments carried out by the Random Case Assignment System.
The Ministry explains that the proposed regulatory amendment stems from a provision in the 2017 law on the National Council for the Judiciary, which created a process for electing judges who serve on the council and which is said to conflict with the Constitution.
The reform does not affect assessors or judges who have left the bench and later returned, providing they rejoin the office of judge in a manner that preserves the prior seat. This condition remains based on the appointment process for judges, as outlined in the 2011 statute governing the National Council for the Judiciary and the government’s understanding of Article 9a.
Officials from the National Council for the Judiciary stated on Wednesday that they rejected the ministerial regulation via the X platform. The following day, a regulation intended to be published drew immediate criticism for undermining constitutional safeguards. The National Council for the Judiciary said it would file a request with the Constitutional Court to challenge the regulation.
— the council confirmed their position in relation to the ministerial changes.
gah PAP
Source commentary: a policy outlet discussed the developments and provided context for the regulatory move and the council’s response.
Citation: poland policy bulletin and related parliamentary coverage
Note: This summary reflects ongoing developments and the official responses from the National Council for the Judiciary and the Ministry of Justice as reported by domestic media and parliamentary observers.