The legal question will go to the civilian Chamber of the SN. Thus, a different composition of the ultimate Court will be allowed to comment on the controversial resolution. However, it takes a small time for the legal rule of the adoption of the Labour Chamber to be formally touched. And that would only should be done by the full civilian Chamber, and there are voices that the combined 2 chambers.
When threes, erstwhile ones
The simplification of triple-to-one warehouses has introduced the alleged Anti-Covid Act of 2.3.2020 (for example in simplified cases). These peculiar rules are to apply for 1 year after the formal cancellation of the pandemic hazard (Article 15zss)1 paragraph 1 point 4 of the Act).
Not only the appeals courts, but also, for example, the judges of the alleged Frank Court – investigating the alleged horizontal complaints – reflect on how to proceed and reduce the overload that the resolution of 26.4.2023 of 7 SN judges abruptly imposed on them. Especially since it is understood somewhat differently by judges, and there is not yet a justification for it nor 3 separate sentences.
In 1 of the 3 cases, the civilian Composition presented to the ultimate Court a question of law which raised serious doubts about the following: “Is it appropriate to examine a civilian substance in a civilian appeal department to have a single-member composition according to Article 15zss1 Paragraph 1(4) of the Act of 2.3.2020 on circumstantial Solutions for the Prevention, Prevention and Control of Covid-19, another Infectious Diseases and Emerging Crisis Situations, or the Composition of Three-members under Article 367(3) of the KPC? Let us add that in the remaining cases in the session the questionable court suspended the proceedings.
Different practice
According to the first of these provisions in the first and second instance, the court shall examine cases in the composition of 1 justice (at the time of the outbreak and within 1 year of its formal appeal), and according to the second, the court shall examine the case in the composition of 3 judges, but in a secret sitting the court shall regulation in the composition of 1 judge, but in the case of a judgment. And what's important, there's quite a few classified sittings, especially at the time of the Covid threat.
In the Warsaw Court of Appeals, which is besides crucial due to the fact that it examines appeals against the judgments of the Frank Court, as we learn from justice Arkadiusz Ziarko, his vice president and spokesman, 3 positions can be distinguished at the moment.
Some judges regulation in single-member compositions; the largest part considers that, taking into account the resolution, it is prudent to extend the composition to 3 judges under the covid provision that the president of the court may order the examination of a case in the composition of 3 judges. The remainder of the judges agree with the view read by any in the resolution on the unconstitutionality of this provision. However, as justice Ziarko says, there are no circumstantial decisions or judgments in the cases of those judges, but for that legal question.
Wojciech Łukowski, president of the Wroclaw territory Court, believes that the question of the SA may be related to the question whether the Covid Act applies in this respect. As he adds, in his court, the majority of the judges apply for triage compositions with caution.
Aleksander Stępkowski justice and SN spokesman
Certainly, in the civilian Chamber of the SN, any legal question that allows to resolve problems created by the fresh Labour Chamber resolution will be recognised as a priority. Let us remember, however, that the resolution made in the SA has not yet passed into the SN and I do not know erstwhile it will. We besides don't know if any another akin questions will affect us. Concrete decisions on how to deal with individual legal issues presented to the SN will be taken successively after they have been heard. However, these decisions will be taken quickly. Both the first president of the ultimate Court and the president of the civilian Chamber are aware of the request to deal rapidly with legal issues aimed at clarifying these doubts.
