Repeal of the judge`s immunity:
After the amendment comes into force, the members of a special court - the Supreme Court Disciplinary Chamber, elected by the politicized National Council of Judiciary with the majority of former prosecutors with connections with the Minister of Justice - Prosecutor General, will decide upon the judges` arrested and prosecution.
The repeal of the judge`s immunity will be the competence of the supreme Court Disciplinary Chamber in both instances – single judge in the first instance and panel of three judges in the second instance.
Nomination of the First President of the Supreme Court:
Contrary the previous provisions the amendment allows the President of the Republic of Poland himself to nominate the First President of the Supreme Court and the Presidents of the Supreme Chambers. In August 2019, the Supreme Court college may consist entirely of newly appointed judges of the Supreme Court and the newly appointed judges can be appointed by the President of the Republic of Poland to the Presidents of the Chambers.
At present, the General Assembly of the Judges of the Supreme Court in the presence of a minimum of 2/3 of them candidates for the position of the First President of the Supreme Court elect and send nominations to the president of. If that does not work, 3/5 of the judges will suffice at the next meeting. Under the amendment, if there is no quorum at the second meeting, the next candidate may be approved regardless of the number of judges present. If that also fails, and the resolution about the candidates will not be sent to the president, the first president will be able to choose from all SN judges and appoint the president himself. The same applies to the Presidents of the Chambers.
Appealing against the resolution of the National Council of the Judiciary (NCJ):
After the adoption of the amending Act, there will be no judicial review of the correctness of the competition procedure before NCJ.
The amendment will affect the proceedings pending before the Supreme Court and, above all, the proceedings relating to the questions referred for a preliminary ruling, pending before the Court of Justice of the EU.
Pursuant to the amendment, proceedings regarding appeals against resolutions of NCJ in individual cases regarding appointment to the office of judge of the Supreme Court, initiated and not completed before the entry into force of this Act, are subject to discontinuation (Article 8 of the Amendment Act). Earlier, the Constitutional Tribunal considered the appeal against the resolution of NCJ to the Supreme Administrative Court to be inconsistent with the Constitution. In this situation, the amendment aims to annihilate the questions referred for a preliminary ruling by the Supreme Administrative Court to the CJEU regarding the competition for judges' positions in the Supreme Court and to discontinue proceedings before the CJEU. Questions were asked after complaints from rejected candidates who invoked the invalidity of the competition procedure.