Prosecutors have the right to request the exclusion of judges appointed to the Supreme Court at the request of the so-called neoKRS – this is one of the guidelines of the Minister of Justice, Attorney General Adam Bodnar. The guidelines “are intended to shape the model of prosecutors' activity in this type of situations”, but they do not have the nature of an order – explains the spokeswoman of the Prosecutor General, Anna Adamiak.
Information on the guidelines regarding the work of prosecutors appearing before the Supreme Court when the adjudicating panel includes a judge appointed by the National Council of the Judiciary after changes to this institution in December 2017 appeared on the website of the National Prosecutor's Office on Wednesday.
Minister Adam Bodnar's guidelines for prosecutors include the provision that: “the prosecutor is entitled to submit applications (…) for the exclusion of judges appointed to hold office in the Supreme Court on the basis of a request from the National Council of the Judiciary, formed on the basis of the provisions of the Act of 8 December 2017 amending the Act on the National Council of the Judiciary (…) and supporting reasonable proposals in this regard submitted by the parties.
PG: reaction to inconsistent prosecutorial practice
The guidelines are – as informed by the spokeswoman of the Prosecutor General, prosecutor Anna Adamiak – a reaction to the inconsistent practice of prosecutors participating in hearings and sessions before the Supreme Court in assessing the appropriate staffing of the court in connection with the participation in adjudicating panels of persons appointed to the office of judge at the request of the National Council of the Judiciary after 2017 – They are intended to shape the model of prosecutors' activity in this type of situations – she emphasized.
The aim of the guidelines – as she added – is to precisely and clearly define the legal and jurisprudential basis for examining whether adjudicating panels guarantee the parties to the proceedings the right to an impartial and independent court, as well as to indicate the appropriate model of proceedings for prosecutors.
The PG spokeswoman also noted that the guidelines do not have the nature of an order, but contain an element of the expected course of action by prosecutors. – A prosecutor participating in hearings and meetings before the Supreme Court retains the freedom to assess whether the adjudicating panel guarantees the right to an impartial and independent court and the freedom to present procedural positions in this regard – emphasized prosecutor Adamiak, adding that the guidelines do not replace or change the applicable laws.
Main photo source: TVN24