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148 lawyers want to become judges at the Supreme Court. On Monday, the deadline for submitting nominations to the Supreme Court is over. We will not know their names for now. Spokesperson of the new National Council of the Judiciary, which will review the applications, hidden about it with the RODO's EU regulation on the protection of personal data. – They will judge in black hoods on the benches of the judges? – commented the president of the Association of Polish Judges, Iustitia Krystian Markiewicz.
President Andrzej Duda announced on June 29 that there were 44 judicial positions at the Supreme Court. Reporting 148 applicants means that an average of 3.36 people apply for a job.
The candidates indicated in which room they would like to vote. In different rooms there is a different number of vacancies. In this regard, the number of candidates for single rooms is as follows:
:: Disciplinary Chamber – 16 seats – 65 candidates – 3.75 persons per place.
:: Board of Auditors and Extraordinary Public Affairs – 20 seats – 50 candidates – 2.5 persons per seat
:: Civil Chamber – 7 seats – 28 candidates – 4 persons in place
:: Criminal Chamber – 1st place – 5 candidates
Mitrea: the names of the candidates are protected by RODO
On Monday …
The names of candidates are unknown. Spokesperson of the new National Council of Magistrates Maciej Mitrea refused to give them. He referred to RODO, namely the EU regulation on the protection of personal data, which aroused the surprise among the other judges. Judges render verdicts in the name of the Republic, the recruitment of candidates is open and, by drafting resolutions on the recommendation of candidates to Supreme Court judges, the National Judicial Council should indicate which candidates have supported and why.
to the Supreme Court.
KRS Judge Mitrea announces that the names will be revealed at the plenary session of the Council. However, this provision by the legal circles is accepted with reserve. KRS procedures are public and must be posted on the Internet. However, the Council has already found a way to pursue the findings of the Supreme Court justices, who wanted to decide more, despite the reduction in the age of retirement by the new law.
Three exceptions were provided for the principle of transparency of the National Court. One of them is a "violation of an important private interest" very imprecise. KRS used this exception two weeks ago. She decided that since the judges had to present health certificates, it is the kind of private interest that allows the deliberations to be classified.
Markiewicz: How to rule in balaclavas
Recent changes in …
Failure to disclose the names of candidates to the Supreme Court strongly criticized the president of the Association of Polish Judges, Iustitia Krystian Markiewicz. He highlighted the unequal treatment of candidates for lay judges and candidates for Supreme Court judges.
– The question arises as to why the names of lay candidates were disclosed when they were examined by the Senate. Perhaps the next step will be that these judges, who will be elected by the authority referring to the National Council of the Judiciary, will also judge in the black hoods on the benches of the judges – Markiewicz ironically
The president of & dquo; Iustitia systematically uses the term "authority claiming to be National Judicial Council" because the judges of this association and other associations, as well as the Judges Cooperation Forum, believe that the abandonment of the mandate of the previous counsel and the choice of the new National Court of Humanities violated the Constitution
.
The judiciary also believes that the new Supreme Court Act, under which the present competition for judges' posts is taking place, violates the constitutional guarantees of independence of the judiciary. judicial power vis-à-vis other authorities. The provisions of this law were, in fact, one of the ways to initiate the procedure for the protection of the rule of law in Poland by the European Commission
The judges of Iustitia consider that the competition conducted under the unconstitutional law is invalid from the beginning. Judge Markiewicz does not hide the fact that some of the judges took part in appealing his results in court and proving that it was illegal.
– A minority of people who apply are judges. According to what we understand, some of the candidates have sought the annulment of the decision in the Supreme Administrative Court – says Judge Markiewicz.
Under the provisions of the Supreme Court Act, a candidate may appeal against the national register. positively assessed and rejected. According to the last amendment, the appeal does not stop the nomination of a candidate judge positively evaluated
Who are candidates by profession
Although it is unclear who the candidates are to the judges of the Supreme Court, the new National Council of the Judiciary decided messages their professional profiles. Candidates from various professions. The Supreme Court Act does not assume that only persons with experience of the profession of judge should go there. They may be representatives of other legal professions, provided that they have at least ten years of experience and researchers with a doctorate degree in law at least qualified.
| Civil | Criminal Chamber | Disciplinary Chamber |
Emergency Chamber |
TOTAL: [19659034] academic worker | 3 | 3 | 13 | 19 | ||
| lawyer | 2 | 1 | 14 | 10 | 27 | |||||
| lawyer | 19659035] | |||||||||
| Notary | 2 | 1 | 8 | |||||||
| Prosecutor | 1 | 11 | 12 19659039] Counsel for the Office of the Attorney General | 1 | 2 | 3 | ||||
| Judge of the Provincial Administrative Court [19659062] 2 | 1 | 3 | ||||||||
| Judge at the Court of 19659035] | 5 | 2 | 7 | 14 | ||||||
| Judge at the District Court [1] | 4 | 4 | 16 | |||||||
| Judge of First Instance | ] 1 | 1 | ||||||||
| Judge of the Trib Unal constitutional | 1 | 1 | ||||||||
| TOTAL: | 28 | 5 | 65 | 50 | 148 |
The largest number of candidates are judges of different levels of common, administrative and military courts – there are 50.
A Constitutional Court Judge also has Disciplinary Chamber, which may mean that he wants to judge other judges, or is part of the group of judges mentioned by Judge Markiewicz. He therefore volunteered to show the invalidity of the competition in court. We do not know who it is, because the new KRS has not yet revealed the names of the candidates.
The following two professional groups are representatives of the free legal professions. 28 legal advisers and 27 lawyers were present
Scientists – professors and qualified doctors (19 candidates) are in fourth place
There are also 12 prosecutors, 8 notaries, and also three advisers to the General Treasury. Lex Manowska
The only person who personally confirmed the participation in the competition is Professor Małgorzata Manowska, former Deputy Minister of Justice in the previous PiS government, now chief of supervision. by the Ministry of the National School of Magistracy and the Office of the Prosecutor.
Remember what we wrote on tvn24.pl on Friday, July 27th. Manowska could not stand, though it was the amendment proposed by the last amendment to the court 's laws, signed by the president last week. This amendment lifted the ban on combining administrative positions in this school with arbitration.
READ: DUMA WOULD REDUCE THE IMPACT OF ZIOBRA IN THE SUPREME COURT. AFTER THE YEAR, IT WON
Until Friday …
– This is an absolute scandal for me that the law in Poland changes so that a specific person, familiar with the Minister of Justice, his former partner at the government, and now a subordinate person to the minister, chance to lead the Supreme Court. The court which is an element of "independent and separate authority", in accordance with art. Deputy Minister of Justice, Łukasz Piebiak, recently said that Professor Manowska would be a good president of the Supreme Court
During a debate on the Sejm commission on the amendment that lifted the Professor Manowska retained the position of director and could ask for the dignity of Supreme Court judge, said Piebiak, adding that it is a beneficial improvement for the judicial system. However, the opposition recognized this as a violent violation of the judge's independence.
Evaluation by teams
Law and …
After the final closing of the list of candidates, as promised by the spokesman of the new Maciej Mitera National Register, the individual proposals will be processed by the National Judicial Council teams and recommendations for the entire Council and the National Tribunal will rule in plenary. The next plenary session is scheduled for 18 September. The work plan for the new KRS is particularly promising for October. This is the only month of this year where two plenary sessions of the new National Judicial Council are planned.
The Ombudsman during the parliamentary proceedings on the Fifth Amendment warned that the regulations do not prevent the majority of votes in teams assessing candidates politicians. There are six parliamentarians in the Council. The Ombudsman's warnings have not been taken into account. The law does not prevent the candidate from being sued before the Supreme Court by a team composed mainly of politicians, and in a minority of judges
Author: jp // now
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Source: tvn24.pl
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