The Supreme Court has the authority to assess the independence of the National Council of the Judiciary (KRS) when examining appeals against resolutions passed by this Council regarding putting forward candidates for justices to the President - according to the resolution adopted on Wednesday by the Supreme Court's Extraordinary Control Chamber. Such assessment only applies to particular, individual resolutions.
On Wednesday, the Extraordinary Control and Public Affairs Chamber of the Supreme Court, in an extended panel of 7 justices, adopted a resolution to which it gave legal force. The resolution was issued in response to legal questions submitted on December 3rd, 2019. Decision to submit the questions was made during a session of a panel composed of three judges from the Extraordinary Control Chamber, at which an appeal against KRS resolution was being examined, regarding a candidate for judge at the Court of Appeals in Lublin.
"Examining an appeal against a KRS resolution regarding a candidate for judge, the Supreme Court evaluates whether the KRS is an independent body in the light of the criteria outlined in the CJEU ruling from November 19th, 2019," the resolution reads. In it, it was also added that the SN may revoke such protested KRS resolution, if "the appellant proves that a lack of KRS independence affected the adopted resolution".
"The Supreme Court declares that Polish Constitution is not an obstacle to carrying out verdicts of the CJEU," Supreme Court Justice Leszek Bosek said in justification for the resolution.
He added that in the SN's opinion "it's crucial for the appellant to demonstrate how a lack of KRS' independence from the executive and legislative powers influences the protested resolution".
"However, when there is no such influence - when the race for the position of judge is won by the best available person, both ethically and on merit, someone guaranteeing proper functioning of justice system, then there would be no grounds to find KRS resolution against the law and to revoke it," judge Bosek stressed.
"For not all decisions by the current KRS affect the independence of impartiality of judges," he stressed.
At the same time the SN pointed out that legally binding resolutions by the KRS, as well as judges nominated by the President cannot be subject to assessment, and "questioning acts issued by the Polish President could paralyze any legal case for many years".
Autor: gf / Źródło: TVN24 News in English, PAP
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