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Monday, March 4, 2024

Disciplinary Chamber for liquidation. The Senate adopted the law on the Supreme Court with amendments

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Together with the amendments, the Senate adopted an amendment to the law on the Supreme Court, which provides for, inter alia, the liquidation of the Disciplinary Chamber.

97 senators supported the adoption of the amended bill. Nobody was against and nobody abstained.

Amendments to the law on the Supreme Court are expected by the European Commission in connection with the decision of the Court of Justice of the EU. The liquidation of the Disciplinary Chamber of the Supreme Court is one of the “milestones”, the implementation of which is to give the green light for the payment of funds under the Polish National Reconstruction Plan. The amendment to the law was initiated by the president. Last Thursday it was accepted by the Seym.

Senate committees propose amendments to the amendment

On Wednesday morning, joined Senate committees: legislative, human rights, rule of law and petitions were working on the regulations. These committees gave a positive opinion on the introduction of several dozen amendments to the enacted provisions, mostly prepared by the Legislative Office of the Senate. The recommended amendments assume, inter alia, that 33 candidates for judges to the Chamber of Professional Responsibility would be drawn from among judges with at least 7 years of adjudication in the Supreme Court. The committees also supported the amendments according to which the judges of the Disciplinary Chamber will cease to adjudicate in the Supreme Court on the day the amendment enters into force without the possibility of retiring.

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Another group of recommended amendments extends the criterion of the possibility of submitting an application by the so-called test of the impartiality and independence of the judge. As the representative of the BLS explained, it is about “removing from the law the provisions that the circumstances surrounding the appointment of a judge cannot constitute the sole basis for challenging the judgment issued with the judge or for questioning his independence and impartiality”.

The amendments also provide for the recognition as invalid and deprived of legal effects of all judgments made in the Disciplinary Chamber. The judges suspended by this Chamber would be returned to their posts and could not be transferred to another division for the next three years without their consent. As a representative of the Senate Legislative Office said, the Chamber of Professional Responsibility would deal with all matters decided by the Disciplinary Chamber within a month from the entry into force of the amendment.

Main photo source: PAP / Piotr Nowak

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