Tag: Supreme Administrative Court

In an open letter, thirteen civic society organisations write to the Senate requesting an urgent opinion from the Venice Commission on the latest amendment to the Act on the Supreme Court

“We negatively assess the member’s bill on the amendments to the Act on the Supreme Court (Sejm form 2870), which is intended to implement the “milestones” required for releasing the funds for the National Recovery Plan” – position of administrative courts judges on the proposed changes to judiciary.

PiS is making concessions to the EC. It will pass the disciplining of judges over to the Supreme Administrative Court and restrict the Muzzle Act. But this is another ostentatious change, because it leaves the illegal National Council for Judiciary and the neo-judges who are the source of the problems with the rule of law. The administrative judges are protesting against the changes.

‘The whole of the Polish Constitutional Tribunal has lost its ability to adjudicate lawfully,’ held the Supreme Administrative Court.

In precedent-setting judgments, the Supreme Administrative Court undermined the validity of the selection of the new Supreme Court judges. It ruled that the recruitment to the Supreme Court was defective from the outset, while the new NCJ, which gave the nominations, was dependent on the politicians. The Supreme Administrative Court’s judgments have now opened the door to declaring the new Supreme Court judges illegal.

Minister of Justice Zbigniew Ziobro declared that he does not recognise the justification of the CJEU ordering the “disregard of the order of national law”. The Court of Justice of the European Union today assessed Andrzej Duda’s disregard of the measure issued by the Supreme Administrative Court in the autumn of 2018, which prohibited the appointment of new Supreme Court judges.

The current authority will have increasingly greater control over the Supreme Administrative Court, which is at the same level of importance as the Supreme Court. This is because judges and lawyers who have decided to cooperate with the authorities and Minister Ziobro’s ministry are applying for positions in that court.

Polish constitutional court delivered a ruling concerning the National Council of the Judiciary. The judgement might be crucial for the preliminary reference proceedings pending before the Court of Justice of the EU.