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- Today, the first President of the Supreme Court Małgorzata Gersdorf has retired – information from the Chancellery of the President
- Today, the first President of the Supreme Court has decided to leave in holidays – information from Małgorzata Gersdrof
- Andrzej Duda and Małgorzata Gersdorf a: Józef Iwulski, the replacement of the first president, will be the judge, but the president and the first president of the Supreme Court have indicated that Iwulski had interpreted a recipe differently.
– The first president of SN Małgorzata Gersdorf has resigned and President Józef Iwulski will be the first president of the Supreme Court tomorrow – Minister Paweł Mucha said after the meeting at the presidential palace. The same first initiative was to be taken by the first president himself, who also introduced Józef Iwulski as his successor.
The information at first dismayed some experts who remember the repeated assurances of Małgorzata Gersdorf that he feels the first president of the SN until 2020 according to the constitution. The key to understanding this situation lies in the details, and especially in the different interpretation of the same layout.
Andrzej Duda and Małgorzata Gersdorf designating Józef Iwulski refer to the same provision – art. 14 parishes 2 of the Supreme Court Act. According to his content, "in the absence of the first president of the Supreme Court, he is replaced by the president of the Supreme Court appointed by him and in case of incapacity for appointment, the president of the Supreme Court. "
therefore, she could not indicate her deputy. Therefore, under the provision, due to the impossibility of appointment, his duties must be borne by the older judge, Iwulski. Małgorzata Gersdorf, for her part, still considers herself a full-fledged president of the court, which is why she has appointed a temporary assistant, which Józef Iwulski has also become.
President Gersdorf intends to take advantage of this holiday. She informed about this fact after the meeting at the Presidential Palace and for this reason, based on the art. 14 para. 2 appointed Judge Iwulski. Tomorrow will appear at work to submit an appropriate application, probably for a period of two months.
President stepped back?
– Judge Iwulski is someone to whom the president and judges trust – Paweł said at the Mucha conference. The presidential minister recalled that it was Andrzej Duda who appointed him as chairman of the Chamber of Labor and Social Insurance, suggesting good relations between the Palace and the Supreme Court judge.
. The Supreme Court relied on the interpretation requested by the President of Gersdorf and not by President Duda. Before the visit to the presidential palace, a judge with the first president was to meet, where he gave his consent to a temporary replacement
It is also remarkable that the president, underlining the judge Iwulski, ignored the provisions of the law on the Supreme Court. Józef Iwulski is one of the 27 judges of the SN who are 65, but unlike Małgorzata Gersdorf, he made a statement about his willingness to continue arbitration. The whole problem is that by submitting such a statement, he had to refer directly to the constitution, and not to the act itself.
Andrzej Duda also had the opportunity to use another provision – the art. 111 parishes 4 of the Supreme Court Act. According to the wording of this provision, if the First President of the Supreme Court or the President of the Supreme Court are released after the entry into force of this Law, the President of the Republic of Poland entrusts to the Supreme Court or in the House a designated judge of the Supreme Court. candidates elected in the manner of paragraph 5 "
The President, citing article 14 parishes 2 somehow confirms that the first president of the Supreme Court remains in his position, recognizing the situation of replacement, not the consequences of Gersdorf
The time of the European Commission
It is difficult to say what Małgorzata Gersdorf wants to do with this maneuver.The most likely seems to be the willingness to give time to the European Commission, which yesterday started a case against Poland against European law
Perhaps the Supreme Court hopes that the dialogue between the EC and the government will be successful.At the end, the final result of the procedure could be be a reference to the Court of Justice of the European Union, which could force the Warsaw authorities to suspend the application of the law on the Supreme Court.
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(br; sp)
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