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Sunday, October 24, 2021

Once again, the quorum was broken during a meeting of the judges of the Civil Chamber of the Supreme Court

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During the assembly of the judges of the Civil Chamber of the Supreme Court, during which the candidates for the president of the Chamber were to be selected, the quorum was broken again. According to some judges, “due to the adjournment of the election assembly started on June 29, it is not permissible to initiate and conduct a new, parallel election procedure, including the nomination of candidates for the position of the President of the Civil Chamber of the Supreme Court”.

The Assembly of Judges of the Civil Chamber of the Supreme Court continued on Thursday in order to select candidates for the president of the Chamber. 23 out of 26 judges of the Chamber attended the assembly, but during the assembly, 13 judges left the session.

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In this way, the quorum required for the election of candidates for the President of the Chamber was broken again, as at this meeting at least half of the members of the assembly were required to be present.

For this reason, the first president of the Supreme Court set the date of the next session of the Assembly of Judges of the Civil Chamber on September 27. At this meeting, in order to select candidates, the presence of at least 1/3 of the members of the assembly is required.

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Assembly of the Civil Chamber convened pursuant to other regulations

At the end of August, the terms of the current chairmen of the Supreme Court ended – from the Civil Chamber of Dariusz Zawistowski and from the Chamber of Labor – Józef Iwulski. President Andrzej Duda decided to appoint Judge Piotr Prusinowski as the president of the Chamber of Labor, and the First President of the Supreme Court, Judge Małgorzata Manowska, as acting president of the Civil Chamber.

The election of Judge Manowska as the acting president of the Civil Chamber resulted from the fact that on June 29 this year. the assembly of judges of the Civil Chamber did not select any candidates. “The assembly of judges of the Civil Chamber adopted a resolution to postpone its deliberations until the end of the proceedings pending before the Court of Justice of the EU” – reported after that June assembly.

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The Assembly of Judges of the Civil Chamber of the Supreme Court did not select candidates for the new president of this Chamber also on September 7. It was then that 13 judges left the session, breaking the quorum.

“We state that due to the adjournment of the election assembly started on June 29, it is not permissible to initiate and conduct a new, parallel election procedure, including the submission of candidates for the position of the president of the Civil Chamber of the Supreme Court. conducted in a flawed election procedure, it will only deepen the legal chaos, which we want to avoid, “wrote the judges who left Tuesday’s assembly in their statement.

They added that “in these circumstances, the undersigned judges of the Civil Chamber considered that further participation in the deliberations and the submission of candidates in the defective election procedure would be irresponsible”.

The statement was signed by 13 judges: Teresa Bielska-Sobkowicz, Dariusz Dończyk, Paweł Grzegorczyk, Monika Koba, Marian Kocon, Grzegorz Misiurek, Anna Owczarek, Władysław Pawlak, Agnieszka Piotrowska, Marta Romańska, Krzysztof Strzelczyk, Roman Trzaskowski and Dariusz Zawistowski.

Court’s statement

In the information of the Supreme Court on Thursday, it was announced that “the assembly, which was held on June 29, 2021, was convened pursuant to other statutory provisions (Article 19 (1) (1) of the Supreme Administrative Court) and was completely separate from the one that began on September 7, 2021. on the basis of art. 13a § 2 in connection with art. 15 § 3 of the SN “

It was added that “universally binding provisions of law oblige the person entrusted by the President of the Republic of Poland with the performance of the duties of the President of the Civil Chamber to convene an assembly of the Chamber’s judges within a week to select candidates for the position of the President”.

“This obligation arises directly from the act, which cannot be waived by the views of individual judges of the Supreme Court, even if they were expressed in resolutions of another assembly of judges of the Supreme Court” – emphasized.

At the same time, it was emphasized that “the temporary entrustment of the duties of the president of the Civil Chamber does not infringe the necessity, provided for in the generally applicable provisions of law, to select candidates for the president of the Chamber in order to be appointed by the president”.

Main photo source: Shutterstock



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