The 30 Supreme Court justices issued a statement that is open to interpretation, but there is no doubt that if certain judges refuse to issue rulings, disciplinary measures will be considered, according to a spokesman for the Supreme Court, Aleksander Stępkowski, speaking to PAP.
He suggested that given the remarks from some justices, there is a real risk that court work could slow down, particularly within the civil chamber.
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President Laskowski, when asked by PAP about the statement, explained that the prompt for issuing it was the appointment of members to the Civil Chamber, which includes both veteran and newly appointed judges. He noted that so far there have not been any so‑called mixed panels designated.
Nevertheless, he believes the number of cases suspended because signatories refuse to rule will be small.
It will not be common. It should not paralyze proceedings or affect the parties involved. Up to now, there have not been many mixed compositions, and it does not appear to be a pattern, Laskowski argued.
He added that the parties in individual proceedings have an interest in avoiding such controversial panels.
When asked whether any party could block actions by the judges who signed the statement, Laskowski replied that it is difficult to rule out reactions similar to those faced by ordinary judges, including disciplinary proceedings or requests for suspension.
The case in a mixed seven‑judge panel of the Civil Chamber, scheduled for Thursday before the Supreme Court, has not recently been heard. The expanded Civil Chamber is expected to revisit questions about decisions made by judges appointed by the National Council of the Judiciary under the amended rules.
This case, brought to the Supreme Court by Judge Waldemar Żurek of Kraków, was decided a year ago in response to inquiries from the Civil Chamber by the Court of Justice of the European Union. The EU court noted that certain circumstances may indicate a significant breach of the core rules for appointing Supreme Court judges, which are integral to the Polish legal system. It also emphasized that the Supreme Court must render the final judgment on the matter.
The composition of the case shifted when three Civil Chamber judges retired. The new lineup included four judges who had not previously been assigned to the case. At present, the chair is Małgorzata Manowska, the 1st President of the Supreme Court, and among the other judges are Dariusz Dończyk, Jacek Grela, Agnieszka Piotrowska, Tomasz Szanciło, Kamil Zaradkiewicz, and the rapporteur Karol Weitz.
Earlier hearing dates for the case were canceled, and some judges indicated that the panel as designated was not suitable.
“The Supreme Court announces that due to the extended justified absence of the Judge-Rapporteur, a different date has been set for his investigation.”
— a recent update on the cancellation of Thursday’s deadline. It added that given the absence of the Judge-Rapporteur, certified by a relevant certificate, and the planned departure of one of the panel members, the new meeting date was set for December 1 of this year.
olnk