The Assembly of Judges of the Civil Chamber will take place. It will be led by a person appointed by the president, namely judge Krzysztof Wesołowski – informed the press spokesman of the Supreme Court, judge Aleksander Stępkowski. Referring to the decision of Prime Minister Donald Tusk to revoke the countersignature, he said that “the countersigned resolution of the president was sent to the Supreme Court and is fully effective”.
Head of government Donald Tusk announced on social media on Monday that “based on the complaint of the judges of the Civil Chamber of the Supreme Court, he decided to annul the countersignature.” This refers to the countersignature of the prime minister under the president's decision, which was criticized, among others, by some legal circles Andrzej Dudapursuant to which Judge Krzysztof Wesołowski, appointed to the Civil Chamber of the Supreme Court in March 2022 (appointed to the Supreme Court by the National Council of the Judiciary in a procedure changed during the government PIS) – was appointed chairman of the Supreme Court Civil Chamber. At the end of August, Prime Minister Tusk stated that the countersignature under this act was a mistake.
Even before the Prime Minister's decision was announced on Monday, two judges of the Civil Chamber of the Supreme Court appealed against Tusk's countersignature to the Provincial Administrative Court in Warsaw.
Supreme Court spokesman: the president's countersigned decision has had consequences
Supreme Court spokesman Judge Aleksander Stępkowski told journalists on Tuesday that the Supreme Court Civil Chamber Judges' Assembly will be held that day, where candidates for president will be selected and then presented to the president. It has been scheduled for 1 p.m.
– They will be led by a person appointed by the President of the Republic of Poland, i.e. judge Krzysztof Wesołowski – said Stępkowski.
In response to the fact that the Prime Minister claimed to have withdrawn the countersignature, he replied: “And if the President were to withdraw his signature designating Mr. (Piotr – ed.) Serafin as European Union Commissioner, what would Prime Minister Donald Tusk do in such a situation?”
– The countersignature is that it is submitted on the president's decision. This countersigned president's decision was sent to the Supreme Court and is fully effective. It had an effect in the sense that judge Wesołowski became the chairman of the assembly of judges to select candidates for the president of the chamber – said the spokesman of the Supreme Court.
– Of course, the Prime Minister can write various things, his office can produce various documents. However, I would like to remind you that Article 7 of the Constitution states that state organs operate on the basis and within the limits of the law. And I would like to know on the basis of which legal provision the Prime Minister produces such documents in his office – he added.
Stępkowski on Bodnar's words
He was asked about words of the Minister of Justice, Prosecutor General Adam Bodnarwho said on Monday in “Kropka nad i” on TVN24 that “if the chamber's meeting is held without the Prime Minister's countersignature, it will be flawed by a legal defect and it will be difficult to say that the new person elected to this position will be the legally elected president of the Civil Chamber.”
– Minister Bodnar has been publicly compromising himself for a long time now. If he wants to continue, please do, we cannot forbid him to do so. We have freedom of speech. If he wants to use it in this way, please do – said Stępkowski.
Bodnar on the annulment of the countersignature: the Prime Minister had a legal basis to make such a decision TVN24
Bodnar points to the “only moment” when the prime minister could have revoked the countersignature
Bodnar pointed out on TVN24 that the key to the case was the filing of a complaint by two Supreme Court judges to the administrative court. – If these complaints concern the content of the administrative act, in this case the countersignature that was submitted by the Prime Minister, then until this countersignature materializes – i.e. the process of electing the president of the Civil Chamber (SN – ed.) has not (been – ed.) launched – a correction can be made – indicated the minister.
– And as I understand it, the Prime Minister made such a decision in accordance with Article 54 of the Law on proceedings before administrative courts – he added.
Asked why the prime minister did not wait for the court's decision on the complaint, Bodnar replied that “the only moment when it can be done (to revoke the countersignature – ed.) is before the countersignature materializes”. – It will materialize when the process of electing the president of the chamber (in the Supreme Court – ed.) takes place – he added.