On Friday afternoon the Sejm published on its website the lists of candidates for the new National Council of the Judiciary (KRS) and the names of judges who had supported them in the process of appointment. The Sejm Information Centre added that the verdict of the Voivodeship Administrative Court (WSA) has "removed a legal obstacle" that prevented the lower house from publishing the lists.
The Voivodeship Administrative Court (WSA) in Warsaw in January revoked the decisions of the Personal Data Protection Office chief that had blocked publishing of the lists of support for candidates to the National Council of the Judiciary.
The question of the KRS candidates support lists has raised controversy between judges and politicians. Opposition MP Kamila Gasiuk-Pihowicz, critical of the new KRS, has been among those demanding publication of the lists. After the Sejm Chancellery had refused to do so, the MP notified the WSA.
The case ended up in the Supreme Administrative Court (NSA) which in June 2019 said the Sejm should reveal the names of those who had supported candidates to KRS.
Nevertheless, the lists had not been published due to the Personal Data Protection Office chief decision from July 30, that prohibited the Sejm to reveal the data until further notice.
The Sejm Chancellery informed on Friday that the WSA ruling has "removed a legal obstacle" that prevented the lower house from publishing the lists of support for candidates to KRS.
Lists of support for KRS judges
Judge Dariusz Drajewicz has been supported by 25 judges.
Judge Jarosław Dudzicz has been supported by 39 judges.
Judge Grzegorz Furmankiewicz has been supported by 27 judges.
Judge Marek Jaskulski has been supported by 28 judges.
Judge Joanny Kołodziej-Michałowicz has been supported by 30 judges.
Judge Jędrzej Kondek has been supported by 29 judges.
Judge Teresa Kurcyusz-Furmanik has been supported by 32 judges.
Judge Mariusz Lewiński has been put forward as candidate by a group of 2160 citizens.
Judge Ewa Łąpińska has been supported by 29 judges.
Judge Zbigniew Stanisław Łupina has been supported by 57 judges.
Judge Leszek Mazur has been supported by 43 judges. Three signatures, however, had not been taken into consideration because - according to CIS - "they had been crossed out before the Plenipotentiary submitted the document to the Sejm Speaker".
Judge Maciej Andrzej Mitera has been supported by 25 judges.
Judge Maciej Nawacki has been supported by 28 judges. Four judges had withdrawn their support for Nawacki already before he was appointed.
Judge Dagmara Pawełczyk-Woicka has been supported by 28 judges.
Judge Robert Pelewicz has been supported by 28 judges.
Judge Rafał Puchalski has been supported by 25 judges.
Judge Paweł Kazimierz Styrna has been supported by 26 judges.
Judge Mariusz Witkowski has been supported by 31 judges.
Mariusz Lewiński, Robert Pelewicz and Mariusz Witkowski have not been appointed members of the KRS.
Questions about independence
The procedure of appointing of 15 KRS judges for a 4-year term was conducted in March 2018, in line with the amended law on the KRS that has become effective in January 2018. Before the amendment, KRS judges were being appointed only by other judges. Currently, candidates for the KRS can be proposed by groups of 25 judges and at least 2.000 citizens.
The said amendment, pushed through by the ruling Law and Justice (PiS) party, allows the Sejm to appoint the KRS members, who later appoint regular judges. As PiS holds majority of seats in the house, the changes have raised concerns as to the independence of judges appointed by the new KRS.
The Law and Justice party (PiS) changed the law in 2018 to allow the lower house of parliament - which it controls - to choose the members of the council that appoints judges. Critics of the reform have been dismissing it as unconstitutional and in violation of the EU law.
Autorka/Autor: gf
Źródło: TVN24 News in English, PAP