"The current KRS is not compatible with the Polish constitution. We gotta reconstruct the regulation of law in Poland - said about the draft amendment of the Act on the National Judicial Council Minister of Justice, lawyer General Waldemar Żurek. On Thursday, he presented the assumptions of a fresh law on this issue.
At the end of April, Deputy Minister of Justice Dariusz Mazur said that it would not be possible to heal the position of judges appointed and promoted in 2018-2025 without changing the National Judicial Council.
On Thursday, Minister of Justice, lawyer General Waldemar Żurek presented a draft amendment to the Act on the National Judicial Council.
Draft amendment of the KRS Act. The Minister presented the assumptions
- I'm sorry. The justice will be able to run for the KRS with at least a 10-year jurisprudence in this at least five-year-old court, in which he presently rules," said Waldemar Żurek.
According to the assumptions of the candidate for the National Court Register, he will be able to submit: a group of active judges, the Chief Bar Council, the National Council of Legal Advisors, the National Notary Council. Any individual who is simply a justice in active condition shall have the right to vote. - Elections become common for judges - said Waldemar Żurek.
He revealed that the elections would be held by the State Election Commission, which verifies the applications, organises public hearings, prepares ballot cards, counts the votes cast and announces the results of the elections.
- I'm sorry. We would very much like the president to sign this bill. all citizen will be able to see and even participate in public hearings," the minister noted.
More information soon
Confusion around the National Judicial Council
According to the amendment to the KRS government of July 2024, prepared by the erstwhile head of the Ministry of Justice Adam Bodnar, current judges from the Council would lose their seats and fresh ones would be elected to the KRS by all judges in Poland alternatively than - as it is after the amendment of the provisions of December 2017 - by the Sejm. However, the amendment assumed that the right to stand as a associate of the National Court registry would not be granted to judges who were left after the amendment of the provisions on the National Court registry in 2017 (the alleged neo-judges).
Before signing, president Andrzej Duda, who was then a associate of the National Court of Justice, sent a revision of the National Court of Justice concerning the National Court registry in August last year. The president estimated that the provisions of the NRS fresh rise constitutional doubts.
In the resolution of the Sejm adopted in March 2024, it stated that "the inclusion in the activities of the public authority of the decisions of the Constitutional Tribunal issued in violation of the law could be considered a violation of the rule of legalism by those bodies." Since then, the judgments of the Constitutional Tribunal have not been published in the authoritative Journal.
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