The Constitutional Tribunal ruled on Thursday that the amendment of the Act on the National Judicial Council, which the Sejm passed in 2024, was incompatible with the Constitution. The rules were intended to let judges to be elected to the KRS by the judicial community alternatively than by the Sejm.
The case was examined by the full composition of the Constitutional Tribunal chaired by its president Bogdan Święczkowski. The rapporteur was Krystyna Pavlovich. The ruling came by majority.
Amendment of the KRS Act
Amendment of the KRS Act of July 2024, according to the announcements of the Ministry of Justice and the ruling coalition, she was to begin healing the judiciary in Poland, but in August of the same year she was sent to the Constitutional Tribunal – before signing – at the time President Andrzej Duda.
In accordance with the provisions of the TK's draft on the KRS, the current 15 Council judges would lose their seats and the fresh ones would be elected to the KRS by all judges in Poland alternatively than – as is the case after the amendment of the provisions in December 2017 – by the Sejm. The amendment besides assumed that the right to run for a associate of the National Court registry would not be granted to those judges who were nominated after the revision of the provisions on the National Court registry in 2017 (the alleged neojudges).
Recently the Ministry of Justice presented another draft amendment to the KRS Act, which besides assumes that judges to the National Court registry would be elected by all judges in Poland. However, 1 of the changes is that this time the candidate for the KRS will be able to be part of the judges nominated with the participation of the KRS in its current form.
In the preceding judgment, there were absent representatives of the Sejm and the lawyer General.
In its resolution adopted in March 2024, the Sejm 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 breach of the rule of legalism by those authorities". Since then, the judgments of the Constitutional Tribunal have not been published in the authoritative Journal. As of the end of April this year, the TK has counted 11 judges per 15 appointed judges. So far, parliamentary clubs – apart from the Law and Justices – consistently do not submit candidates for judges of the Constitutional Tribunal.
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