President Andrzej Duda has signed the amended Act on the Supreme Court and the Organization of the Courts. The amendment introduces, among other things, changes in the regulations regarding the so-called extraordinary complaint and the appointing of the court assessors.
The amendment was passed by the Sejm and the Senate on 10 May and 16 May respectively. The legislation proposed by Law and Justice orders that the extraordinary complaint against the effective rulings by the Polish courts that were issued before the amendment enters into force, will be possible to submit only by the Prosecutor General or the Commissioner for Human Rights.
Currently, eight institutions have the right to submit the extraordinary complaint, also against the rulings that entered into force before the amendment. These institutions include the Commissioner for Human Rights, Commissioner for Children's Rights, Financial Ombudsman and Office of Competition and Consumer Protection.
Preliminary condition
A "prelimanary condition" was added to the list of circumstances justifying submitting the extraordinary complaint. As the justification reads, "according to the changed regulation, the extraordinary complaint may be submitted regardless of the existence of more specific circumstances, only when absolutely necessary from the point of view of democratic state upholding the rule of social justice".
The amendment also introduces changes to the Law on the Organization of Common Courts, specifically regarding the appointing of court assessors. According to new legislation, the appointing shall be done by the president, and not by the minister of justice as it used to be. Additionally, the National Judiciary Council will have the right to voice an objection against a candidate for court assessor, at the stage preceeding the appointment by the president.
Autor: gf / Źródło: TVN24, PAP
Źródło zdjęcia głównego: tvn24