The Provincial Administrative Court in Warsaw dismissed the complaint filed by Supreme Court judges Dariusz Zawistowski and Karol Weitz against the President’s August decision concerning the appointment of the chair of the meeting of judges in the Civil Chamber of the Supreme Court, as reported by the court.
Established case law holds that administrative courts do not have jurisdiction over complaints about official acts carried out by the President of the Republic of Poland.
In the written justification published by Judge Agnieszka Łąpieś-Rosińska on the Provincial Administrative Court’s website, it was stated that the President’s appointment of the Chair of the Assembly of Judges in the Civil Chamber does not fall under public administration. It is an official act of systemic significance tied to the internal organization of the Supreme Court, and lies within the framework of administrative law review.
The ruling notes that although the act concerns the internal functioning of the judiciary, it remains subject to review by the appropriate legal channels, with parties possessing the right to appeal to the Supreme Administrative Court within 30 days.
Complaint
The case concerns a formal resolution stemming from a complaint that attracted broad attention in early September. It focused on the procedures used to select candidates for the presidency of the Civil Chamber of the Supreme Court.
At the time, the current President, Joanna Misztal-Konecka, was among the judges who sought to lead the chamber in June. This situation necessitated pausing the session to request the President to appoint a judge to preside over the meeting upon its resumed agenda.
Controversy surrounding the co-signing
At the end of August, Prime Minister Donald Tusk co-signed the President Andrzej Duda’s decision to appoint Judge Krzysztof Wesołowski to the Civil Chamber of the Supreme Court.
The co-signature sparked disagreements within parts of the legal community, particularly among supporters of the current administration. Wesołowski has been described by mainstream commentators as a neo-judge by some accounts.
A short time later, reports suggested that the countersignature had been withdrawn, though many legal experts contend that the act remains in effect for practical purposes.
In early September, oko.press reported that two Civil Chamber judges, Dariusz Zawistowski and Karol Weitz, filed a complaint with the Provincial Administrative Court against both the Prime Minister’s countersignature and the President’s appointment of Wesołowski to preside over the Civil Chamber meeting.
Attribution: wPolityce