President Andrzej Duda has signed the amended judiciary bills, including the Act on Common Courts, the Act on the Supreme Court and the Act on the National Judiciary Council. Mr Duda also left his signature on the amended Act on the Constitutional Tribunal, according to which the three yet unpublished rulings of the Tribunal will finally be issued. The publication will come with a disclaimer saying that the rulings were "made with a violation of the law".
Two-stage procedure
One of the amended acts orders that in case of absence of the president of National Judiciary Council (KRS), its first session may be called by the oldest judge of the Council, either active or retired.
Furthermore, it will be the Council, not the President, that will decide whether judges are fit to continue their work after reaching retirement age of 65 years. The Council's decisions will be final.
The amendment also introduces a two-stage procedure when it comes to recalling chief judges of the courts and their deputies. From now on, the minister of justice must consult the particular court first, and if the opinion about a judge is negative, then he turns to the KRS.
The KRS may refuse recalling the presiding judge if the decision is voted for by a two-thirds majority. The decision shall be binding on the minister.
If the KRS will not take a decision within 30 days, the minister shall be able to recall a presiding judge.
The legislation also equates the retirement age for male and female judges at 65 years. At the same time, female judges are allowed to retire at 60, regardless of seniority.
The amended Act on the Supreme Court signed by president Duda introduces, among other things, a separate budget for the Disciplinary Chamber of the court.
"A right direction"
Last Friday, on the Sejm webpage appeared a draft amended Act on the Supreme Court that would only allow the Prosecutor General and the Commissioner for Human Rights to submit the so-called extraordinary complaint against the effective rulings of the Polish courts.
Currently eight legal entities have the right to submit the complaint and those include, among the others, the Commissioner for Children Rights, the Financial Ombudsman and the Office of Competition and Consumer Protection.
"The proposed changes to the Act on the Supreme Court are going in a right direction," said Marek Ast. The Law and Justice MP who will represent the amendment’s proponents said that the main aim is to strengthen the extraordinary complaint. "In the sense to make it the ultimate complaint instrument against a ruling," he added.
Separate budget
The amended Act on the Supreme Court already signed by President Duda introduces, among other things, changes in managing of the Disciplinary Chamber budget.
The legislation orders that the Supreme Court judge in charge of the Disciplinary Chamber will manage its budget individually without contribution of or consent from the First President of the Supreme Court.
Furthermore, the funding designated for the Disciplinary Chamber cannot be decreased without the consent of the judge in charge.
Long-awaited publication
The amended Act on the Constitutional Tribunal signed by President Andrzej Duda orders, among other things, issuing of the three yet unpublished ruling by the Tribunal.
As the authors of the legislation explain in the justification, in their opinion, "although the publication of the rulings is unnecessary from a legal standpoint, there are reasons for which it may be desireable under certain conditions".
The authors also added, that "such solution may prove helpful in ending the political feud around the Tribunal, strenghtening its authority, as well as improving the position of Poland in the dispute with the European Commission".
Autor: gf / Źródło: tvn24.pl , PAP