Letter from the Supreme Court to the CJEU on preliminary questions

The president of the disciplinary chamber of the Supreme Court, Jan Majchrowski, addressed a letter to the Court of Justice of the European Union (CJEU) in which he affirmed that the procedure in the case of the judges in which the questions were asked was null and void – said the press team of the Supreme Court in a press release.

The working chamber of the Supreme Court had to deal with proceedings in the case of six judges of the Supreme Court. They concerned, inter alia, appeals against the resolutions of the new National Council of the Judiciary seeking negative opinions as to their willingness to continue to rule at retirement age, in accordance with the Supreme Court Act as amended by law and justice.

As part of these provisions, the Supreme Court Labor Chamber has decided to refer preliminary questions to the European Court of Justice concerning, inter alia, the rules on the departure of judges from the Supreme Court. .

"In this case, the procedure is invalid"

According to a message published on the Supreme Court website on Tuesday, Jan. 17, Jan Majchrowski, president of the disciplinary chamber, sent a letter to the president of the CJEU informing him that some courts had been heard by the Court. of Justice of the European Union before the Court of Justice. Labor and Social Insurance Boards of the Supreme Court of the Republic of Poland, the competent court [do rozpatrzenia tych spraw – przyp. red.] is the disciplinary chamber of the Supreme Court, and not the Labor and Social Security Chamber of the Supreme Court ", which issued orders.

Judge Majchrowski, in a letter to the President of the CJEU, pointed out that the competence of the Disciplinary Board is to examine the issues of work and social security of judges and to put them to rest.

He added that the hearing of these cases by the Labor Chamber was illegal. The president of the disciplinary chamber of the SN also pointed out that, in accordance with the Code of Civil Procedure, "the procedure is invalid in this case".

READ ALL THE WRITING TO THE PRESIDENT OF CESHER >>

Questions referred to the CJEU

At the end of July, the Supreme Court announced that Supreme Court Justice Maria Szulc and Judge Anna Owczarek had appealed the negative opinion of their statements regarding the new National Council of the judiciary to continue to rule. The appeal was sent – through the President of the Council – to the Chamber of Labor and Social Security of the Supreme Court.

Previously, Judge Józef Iwulski appealed to the Supreme Court against such an opinion.

The Supreme Court, examining the case at the conclusion of the appeal by Judge Anna Owczarek, referred the questions to the CJEU for a preliminary ruling. In particular, they concerned the principles of the interpretation of European law where a complaint was lodged with the Supreme Court, in which the judge of that court accused the violation of the prohibition of discrimination on the ground of discrimination. ;age.

The Supreme Court asked the CJEU if, in this situation, it was obliged to refuse to apply national provisions reserving the decisive nature to this case, which was not the function of the disciplinary Chamber SN at the time.

Questions on the independence of Supreme Court justices

In September, the Supreme Court sent three more questions to the Court of Justice of the European Union concerning, in particular, the independence of judges of the Supreme Court.

These issues were addressed on the occasion of the hearing of the case brought by the judges of this jurisdiction, Andrzej Siuchniński and Krzysztof Cesarz, to determine the existence of the official relationship between the SN agent and the active state. In the present case, the Supreme Court has asked the Tribunal to apply the expedited examination procedure.

The CJEU has not yet answered the questions asked by the Supreme Court in these cases.

Author: akr // now
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Source: PAP

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