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President Andrzej Duda signed a parliamentary amendment to the law, including about the Supreme Court, the judiciary, the National Council of Magistracy and the Public Prosecutor's Office. The news was received by the Sejm last Friday, and in the night of Tuesday for Wednesday it was supported by the Senate. In order not to slow down the legislative process, the parliamentarians – as reported by FMR reporter Tomasz Skory – have decided to accept the regulation containing an error: one of its provisions refers to a non-existent article of l & # 39; amendment. The Office of the President referred to this issue in a communication informing Andrzej Duda of the signature of the amendment. In the statement, we read, among other things, that the positions sent by the head of the Chancellery Sejm, the Sejm Legislative Office and the National Register of the Court "show that this provision, despite the error, does not raise constitutional concerns ". Immediately after the President signed the amendment, it was published in the Journal of Laws
In the amendment, it should be recalled that it was necessary to modify the procedures for the selection of the First President of the Supreme Court – the new provisions will allow for faster replacement of this position – and staffing issues.
The provisions amending the law on the Supreme Court and the National Council of Magistracy will enter into force. and so on Friday, and the rest of the regulations are changed in the majority – 14 days after their publication. The only exception concerns the regulations introducing amendments to the law on bailiffs: the date of their entry into force was 1 January 2019.
By adopting this fifth modification of the provisions concerning, inter alia, the courts and the Supreme Court, both the deputies and the legislators of the Sejm and the Senate neglected the error that the ombudsman first apprehended. Adam Bodnar informs senators that one of the provisions of the amendment refers to a non-existent article of this amendment
Thousands of people took to the streets of Polish cities to protest changes in the judicial system imposed by law and justice. In Warsaw, in a crowd gathered in front of the presidential palace, Andrzej Duda shouted: "You will be seated!" Let's remember you that just … read more
The new provisions of Article 22 introduce the possibility of attaching the application for a candidate to a judge of the Supreme Court who has already submitted his application to the National Register of Courts, documents "referred to in Article 31 paragraph 2a "of the law. Paragraph 2a of Article 31 of this law simply does not exist.
Roman also changes Article 31, but he mentions these documents not in paragraph 2a, which refers to Article 22 – but in paragraph 3a, which generally applies to all candidates to the judges of the Supreme Court. This is important because Article 22 concerns candidates who would only have to fill out applications already submitted.
The documents in question confirm the candidate's qualifications with information on his academic performance, list of publications, opinions and other recommendations.
Without correcting this error – what our journalist Tomasz Skory pointed out – the persons who have already submitted candidatures to the SN judges contest know, in fact, which documents could be attached to their application, but they can not do it because there is no legal basis for it. Or rather: the base is, but … nonexistent.
The Senators – Despite the knowledge of the error on which the RPO Adam Bodnar caught their attention – the night of Tuesday to Wednesday they passed the bill without making any amendments. The introduction of any change would mean the need to send the amendment to the Sejm, which should only meet at an extraordinary meeting for its adoption, or would deal with the issue that In mid-September
. Andrzej Duda signed and such was published in the Journal of Laws
The case was raised by the presidential office in a statement in which she announced the signing of the amendment
. ] Wednesday and Thursday at the office "were received by the head of the Chancellery of the Sejm Ms. Agnieszka Kaczmarska, Legislative Office of the Sejm and the National Council of the Judiciary", which "shows that this provision, despite the error, does not raise constitutional concerns. "
Hereinafter, the communication states, inter alia:
"(…) proceedings in individual cases concerning the appointment to exercise the functions of judge of the Supreme Court, open and uncompleted before the date of entry into force of this Law, (…) the provisions of the Laws amended in Article 5 (Law of May 12, 2011 on the National Council of the Judiciary) and Article 8 ( … Article 8 and Article 22 of the Law shall enter into force on the day following the date of the announcement (ie Friday, July 27, 2018 – FMR FM note) [19659006] Therefore, if the amending law comes into force before July 29, 2018, then for the procedure of appointment (….) The standard of Article 31 § 3a of the Supreme Court Act and each persons applying for the post of judge of the Supreme Court may attach to the request for other documents confirming his qualifications … "
The statement also noted that" l & # 3 9 National Council Team The Judiciary, in determining the order of the candidates on the list, is primarily guided by the assessment of the qualifications of the candidates, not just qualifications confirmed by documents attached to the application form. application. "
The candidate, who will be presented after the deadline for the submission of candidatures (ie after July 29, 2018), may be taken into account by the team of the National Council of the Judiciary ] – sums up the presidential term
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