Poland’s Constitutional Court to Review Minister of Justice Regulation
Today the President of Poland submitted a request to the Constitutional Court to assess the constitutionality of provisions within the Regulation of the Minister of Justice. The regulation updates how ordinary courts operate, and the case centers on whether these changes align with the Polish constitution.
The Chancellery of the President published details about the matter on its official site.
The request specifically targets paragraph 43.1a of the Regulation on the functioning of ordinary courts. This paragraph was amended on February 6, 2024 by the Regulation of the Minister of Justice. It states that matters involving the exclusion of a judge, when the reason is tied to the appointment or potential appointment of the judge, should not be assigned to judges who were appointed following a request for appointment submitted to the President by the National Council for the Judiciary. It also notes that those judges are not involved by the SLPS in the division of cases described earlier.
These points were quoted from a statement released by the presidential office.
The constitutional control models invoked in the application include several articles from the Constitution. In particular Article 179 in connection with Article 144 Section 3 Point 17, Article 180, and Article 10 Section 1, as well as Article 178 Section 1 and Article 173. The argument emphasizes judicial independence and the separate authority of the courts from other branches of government.
Readers are reminded that Article 179 states judges are appointed by the president upon the recommendation of the National Council for the Judiciary for an indefinite term. Article 1781 asserts that judges exercise their duties independently and are subject only to the Constitution and laws. Article 173 confirms that courts and tribunals operate as an independent authority separate from other state bodies.
Related coverage highlights ongoing discussions about judicial oversight and governance in Poland, including questions about control of judicial appointments and the balance of power between the executive, legislative, and judiciary. The National Council for the Judiciary has called for scrutiny of Bodnar’s actions, signaling ongoing debate over constitutional alignment of administrative arrangements within the judiciary. [citation: wPolityce]
Source for the initial reporting: wPolityce