The prime minister's signature means that in a few days the assembly of the Civil Chamber will select and present to the president three new judges as candidates for president – said the president of the Supreme Court's Labor and Social Security Chamber, judge Piotr Prusinowski, in “Fakty po Faktach”. Krystian Markiewicz, the president of Iustitia, emphasized that the selection of the president of the Supreme Court Chamber “is not a third-rate issue”, but a “primary one”.
Prime Minister Donald Tusk countersigned the decision of President Andrzej Duda on appointing a neo-judge as the chairman of the assembly of judges of the Civil Chamber of the Supreme Court, which selects candidates for the position of president of the Civil Chamber. This caused an uproar in the judicial community, which indicates that such a move does not go hand in hand with the announced repair of the justice system.
On Wednesday Tusk said that when it comes to his signature, “there was an error”. – The official responsible for preparing for the signing did not notice the political nature of the document, which constituted the nomination of a new judge by the president – he said. At the same time, the head of government assessed that “the practical consequences of this signature are not particularly significant”. – If I had not signed, the new judge majority would have achieved the things they intend to do anyway – he stated.
Doctor habilitated Piotr Prusinowski, president of the Supreme Court, head of the Chamber of Labor and Social Insurance, and doctor habilitated judge Krystian Markiewicz, president of the Association of Polish Judges “Iustitia” spoke about this case in “Fakty po Faktach” on TVN24.
President of the Supreme Court Chamber: the practical consequences of this error are quite significant
Prusinowski, asked whether he agreed with the head of government's opinion that the signature has no particular consequences, replied: – No, I do not agree.
– The practical consequences of this mistake are quite significant – emphasized the president of the Supreme Court's Chamber of Labor and Social Security. He explained that “the signature of the Prime Minister means that in a few days the assembly of the Civil Chamber will select and present to the president three new judges as candidates for president”. – The president will very quickly select Professor (Joanna) Misztal-Konecka and for the next three years the new judge will be the president of the Civil Chamber – he said.
– If there had not been this signature, the election of a new president of the Civil Chamber would not have taken place – emphasized the TVN24 guest.
Prusinowski was also asked in “Fakty po Faktach” whether this situation could be reversed in any way. – No, because you cannot revoke a countersignature once issued – he replied.
The Prime Minister said that the consequences of the error “are not particularly significant”. Prusinowski: I disagree. They are quite significant
The OKO.press portal reminded in its publication that only neo-judges appear on the exchange of names for the new president. If the prime minister did not agree to the president's decision, then after the expiration of the term of office of the current president Misztal-Konecka, her duties would be taken over by the most senior judge among the heads of departments of the Civil Chamber. “This person would only be the acting president, and the entire procedure could be extended until the presidential elections next year,” OKO.press added.
Markiewicz: the election of the Supreme Court president is not a third-rate issue, but a primary one
Judge Krystian Markiewicz stated that he “agrees with what President Prusinowski has just said”. – The selection of the president of the Supreme Court, the most important court in Poland, is not a technical, third-rate issue, but a primary one – he emphasized.
The President of Iustitia expressed hope that “the Chancellery of the Prime Minister may make some attempts to do something about this fatal mistake”.
– I really hope that we will finally hear clear statements from the Prime Minister regarding the approach to the problem of neo-judges, the approach to the problem of neo-chambers in the Supreme Court, the Professional Liability Chamber, where the prosecutor's office has been sending letters from the Extraordinary Control and Public Affairs Chamber, the National Council of the Judiciary, he enumerated.
Markiewicz: the election of the Supreme Court president is not a third-rate issue, but a primary one
According to him, “the problem we are dealing with is connected with the fact that we do not know about it, we do not hear about it”. – I would like to have clear statements as to why the National Council of the Judiciary continues to function, what the approach is to new judges, to these chambers, but these statements are simply not there. They are ambiguous and this is a huge problem. That is why we were all afraid that it might not have been a mistake and that is what it is all about. This is the biggest problem – he said.
Main image source: TVN24