President Nawrocki reported on Wednesday that he refused to nominate 46 judges. He announced that for the next 5 years no justice questioning the constitutional powers of the President, the Polish constitution and the Polish legal system, He can't number on a jury nomination and promotion. The president pointed out that he would not give promotions to judges who “They perceive to the evil whispers of Justice Minister Waldemar Żurekwhich encourages judges to question the constitutional and legal order of the Republic."
Further string of article under video material
What decisions did president Nawrocki make regarding the judges?
What were the president of the Constitutional Tribunal, Jerzy Stępień, who assessed the President's actions?
What are the long-term consequences of the President's refusal to appoint judges?
Who is liable for appointing judges according to the Constitution?
— This is another step in which The president is trying to grow his power “In an interview with PAP, Jerzy Stępień, erstwhile president of the Constitutional Court, commented on the President’s decision. In his opinion, the actions of the head of state lead to a breach of 3 divisions of power.
Judge Streak: president lets you know that he decides who the justice is
According to erstwhile president of TK Jerzy Stępnia, the President's decision most likely concerns the judges, “whose she pointed out to be nominated inactive legally elected National Judicial Council, but president Andrzej Duda, and later Karol Nawrocki did not appoint them.” “So it doesn’t substance much practical, due to the fact that These judges, if they've been waiting 8 years for these nominations, they're gonna get over the fact that they're not accepted. “He added.
However, the importance of this decision, according to the Vulner, is of a systemic nature. — This is completely different from the position of the constitution and the division of power, due to the fact that in this case President usurps the right to measure nomination applications. It says in advance that even in the future, if there is simply a change of law and the KRS is already legally appointed, these nominations must not necessarily be accepted by him. That he is actually the last instance deciding whether or not to be a judge, he noted.
The erstwhile president of the TK indicated that, in accordance with constitutional practice adopted after 1989, The National Judicial Board was the deciding body for the appointment of candidates for judges, And the function of the president was symbolic. In his opinion, the announcement of the head of state that for the next 5 years no justice "questioning the constitutional powers of the President, the Polish constitution and the Polish legal system" will receive nominations or promotions, means dangerous shift of competence and constitutes a serious violation of constitutional order and the principles of 3 divisions of power.
— This act today, which barely matters, is the announcement of president Nawrocki's attitude in the future. The consequence may be a breach of the 3 divisions of power and the transfer of the centre of gravity of personnel decisions from the KRS to the office of President," the justice said.
Streak besides pointed to the absence of legal criteria to guide the president in the appointment of judges and the absence of an option to appeal his decision. He recalled that in the past there was an chance to challenge the decision to refuse promotion.
“It was that individual who was a candidate for a justice or expected promotion could have transferred the case to the ultimate Administrative Court in the event of an adverse decision. On the another hand, erstwhile the KRS performs after checking that this candidate is the right person, at this point, there is no anticipation of judicial review and as the president will or will not appoint, there is no anticipation of appeal against the President's decision “ He explained.
Judge Stępień: President's decision is another step in taking over power
Streak combines the refusal of judges' nominations with another actions of president Nawrocki, seeing in them a wider process of expanding the powers of the head of state beyond the constitutionally defined scope. — This is another step in taking over. The president is trying to grow his power in a space where he has no authority. We see a akin mechanics at refuse to appoint officers. The president does not have formal powers to influence the personnel of peculiar services or troops, but in practice creates the impression that he is their superior. In all case, it is better to have a good relation with him, he said.
According to erstwhile TK president, specified activities lead to systemic chaos. — This is simply a process that began in 2015. I wrote at the time that president (Andrzej) Duda and Jarosław Kaczyński were going deliberately to make chaos so that at any point a tired society would say, "Let individual yet bring order and this mess eliminate, let any strong individual, preferably the president, take full power," said Stępień. — It's a classical road to the authoritarian state. “He assessed.
After the changes introduced by the Law and Justice Governments, as of 2018, the judges to the KRS have been elected by the Sejm (they were previously elected by the judicial communities). This change became the reason for the opposition at the time, and by the current rulings, the allegations of politicising the KRS and questioning the position of persons appointed to the office of justice with the participation of specified formed KRS.
After the change of the ruling majority — inactive in December 2023. — The Sejm adopted a resolution on the National Court Register, which indicated that 3 resolutions of the erstwhile 2018 Parliamentary term, 2021 and 2022 on the election of judges — members of the Council — were taken in gross violation of the Constitution of the Republic of Poland. In fresh years, the Courts of Europe, the EU Courts and the ECHR, have besides pointed to the flaw in the selection of judges with the participation of the current KRS.
