Polish president`s faulty appointments of judges of the supreme court will be heard by the european court of justice in luxembourg

The Association of Polish Judges IUSTITIA hereby informs that two of its representatives will participate in the meeting of the Court of Justice in the European Union in Luxembourg regarding the question for a preliminary ruling of the Supreme Administrative Court (case C-824/18) on Monday July 6,2020. The hearing will be held in the Court's Great Hall and is scheduled to start at 14.30.

The following judges will be present: judge Monika Frąckowiak and judge Piotr Gąciarek. Polish judges will attend the meeting of the Court of Justice of the EU in Luxembourg as observers.

The press briefings of the judges will most likely be held in the hall outside the courtroom (to be confirmed) at 14:00, i.e. before the trial and immediately after it.

The subject of the hearing is the question of the Supreme Administrative Court, which arose in connection with the conduct by the so-called neo NCJ (National Council of Judiciary) of the nomination procedure of judges to the Supreme Court. There were more candidates than vacancies to be filled. Among the participants were members of IUSTITIA (I.A. judge Piotr Gąciarek), whose candidacies were rejected after a few minutes of conversation, and neo NCJ indicated Zbigniew Ziobro's associates in large numbers for the nomination. Judges who were rejected by  neo NCJ (called “kamikaze” among judiciary) appealed against the result of the competition to the Supreme Administrative Court, which, by way of security, suspended the effectiveness of NCJ resolutions.

President Andrzej Duda deprived judges who took part in the competition of the right to the court. Despite the fact that he was informed about the CJEU decision suspending the effectiveness of the NCJ resolution and appeals lodged, he handed nominations to the Disciplinary Chamber and the Chamber of Extraordinary Control and Public Affairs as well as the Civil Chamber. He did not wait for the appeals to be heard and he did not care about securing the supreme Administrative Court. The President appointed persons who, as a result of judicial review, may be considered to be appointed in violation of the law. Such a non-transparent process of appointment favours the formation of systems of dependence, gives rise to the temptation of seeking the judge to "favour the authorities" to maintain his/her position. These people will soon rule on the validity of presidential elections.

In IUSTITIA`s, there are no objective reasons related to the interests of the state for which it was necessary to exclude judicial review of the NCJ. A person appointed in this way does not provide the parties with judicial proceedings with a sense that their rights and obligations are determined by an independent and impartial judge who is not in favour of either party. "Judges" appointed in an uncontrolled procedure do not build public confidence in the judiciary, weaken its credibility and level of acceptance for court rulings in general.

The hearing in Luxembourg will take place despite the fact that many changes have been made to Polish regulations aimed at "legalizing" appointing judges in the Supreme Court of Persons whose competitor is appealing to the court against the result of the competition.

We would like to remind that if the CJEU gives guidelines indicating the need to preserve the right to a court in such a situation, these cases may be returned to the Supreme Administrative Court. In turn, soon in September, the EU Court of Justice is to deal with the question of the Supreme Court, which directly questions the judicial status of persons appointed in such a gross violation of the right to judicial review.


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