The Provincial Administrative Court in Warsaw released a statement noting that it had received a complaint targeting the President of Poland, Andrzej Duda, over the appointment of the Chairman of the Assembly of Judges within the Civil Chamber of the Supreme Court. The court explained that the complaint was forwarded to the President because the relevant body must first address the action, omission, or protracted conduct that the complaint concerns. This ensures that the proper administrative channel is used before any further judicial review proceeds.
On 6 September 2024, the Provincial Administrative Court in Warsaw acknowledged a complaint directed at the Decree of 17 August 2024 issued by the President of the Republic of Poland, identified as No. 1131.18.2024. The decree concerns the appointment of the Chairman of the Assembly of Judges of the Civil Chamber of the Supreme Court and was published in the Official Journal of the Republic of Poland Monitor Polski on 27 August 2024, item 799. Alongside the complaint, a request was filed to suspend the implementation of the contested act.
Complaint forwarded to President Duda
In accordance with the order of the President of the Judicial Division VI, the complaint was forwarded to the President on 9 September 2024. Pursuant to articles 54 § 1 and 2 of the Act of 30 August 2002, the Act on Procedures Before Administrative Courts in 2024 provides that a complaint may be filed through the body whose action, inaction, or prolonged proceedings are the subject of the complaint. The forwarding body, in turn, passes the complaint to the appropriate court with complete and orderly files and a response within thirty days from receipt. This procedural framework is meant to ensure a clear and orderly path for addressing challenges to administrative acts, with transparency and timely responses guiding the process.
The provincial court noted that after forwarding the complaint, including the response and all administrative files, the court will determine the next procedural steps in the case. The determination will consider the specifics of the challenge and the responses filed by the relevant authorities, while maintaining due process for the parties involved.
On 9 September 2024, the Provincial Administrative Court also reported receiving a letter from the President of the Supreme Court who heads the Civil Chamber, Prof. Joanna Misztal-Konecka, detailing her involvement in the case. This communication marks another important update in the ongoing administrative review and highlights the collaboration between judicial and executive branches in resolving contested appointments.
Source notes: tkwl/warszawa.wsa.gov.pl. Attribution for coverage: wPolityce. The information reflects the procedural steps taken by the Provincial Administrative Court in Warsaw as it processes a complaint concerning high-level judicial appointments and related decrees. The narrative emphasizes the formal channels used to challenge administrative acts and the role of the institutions involved in maintaining accountability within the judiciary.