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Monday, December 6, 2021

Supreme Court. Some judges of the Criminal Chamber and the Labor and Social Insurance Chamber do not want to adjudicate with the nominees of the new National Council of the Judiciary

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Some judges of the Supreme Court do not want to adjudicate in panels that include judges appointed by the new National Council of the Judiciary. Members of the Chamber of Labor and Social Insurance and some judges of the Criminal Chamber petitioned the presidents of their chambers on this matter. As they write, this is aimed at “limiting the possible negative consequences of adjudicating in certain panels of the Supreme Court, or minimizing the risk of violating the law.

More than 20 judges of the Criminal Chamber of the Supreme Court signed an application to appoint them to panels only with judges appointed by the previous National Council of the Judiciary. The new NCJ, in the opinion of many representatives of the legal and judiciary community, but also in the opinion of a large part of the public, is politicized by the way its members are appointed.

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Some judges of the Criminal Chamber of the Supreme Court do not want to adjudicate with the nominees of the new National Council of the Judiciary

“We are requesting the appointment of the undersigned Supreme Court judges only to those panels in which judges who have been nominated to the Supreme Court will not be sitting in the nomination procedure conducted after the changes in the composition of the National Council of the Judiciary” – we read in a letter addressed to the president of the chamber .

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It was also explained that the application was submitted “in order to limit the possible negative consequences of adjudicating in certain panels of the Supreme Court”.

It lists a number of grounds for this. Art. 80 sec. 1 of the Act on the Supreme Court in connection with joke. 6 sec. 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms – in relation to the content the judgment of the European Court of Human Rights of 22 July 2021. in the case of Reczkowicz v. Poland.

The judges added that they are requesting such actions “bearing in mind the content of the resolution three combined chambers of the Supreme Court of 23 January 2021 “.

The letter is dated October 13 this year. The application was signed by 21 so-called old judges of the Supreme Court. These are almost all the old judges sitting in the Criminal Chamber – except for Dariusz Kala and Wiesław Kozielewicz.

The Chamber of Labor and Social Insurance joins

A similar position was adopted on Monday, October 26, by the Chamber of Labor and Social Insurance of the Supreme Court.

In the resolution of the assembly of the judges of the chamber dated that day, we read that “bearing in mind the necessity to respect the rights of citizens of the Republic of Poland and international law guaranteed by the Constitution of the Republic of Poland and all other participants of court proceedings to an independent and impartial court established in accordance with the law in a manner specified in the resolution of the three merged Chambers of the Supreme Court of 23 January 2020 (…), the General Assembly of Judges of the Labor and Social Insurance Chamber asks the President of the Chamber to further appoint the adjudication panels in the Chamber in a way that minimizes the risk of violating this right as a result of the activities of the National Council The judiciary does not provide sufficient guarantees of independence from the legislative and executive authorities and the handing over of appointments to judges on the basis of a grossly infringing nomination procedure. “

The judges added that “they declare full respect for the rights and obligations resulting from the membership of the Republic of Poland in the European Union, specified in the jurisprudence of the Court of Justice of the European Union, taking into account the constitutional standard developed by the Constitutional Tribunal acting as an independent and legally formed court”.

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