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The President of the Disciplinary Chamber of the Supreme Court informed the EU Court of Justice that the procedure concerning the judges in which the questions were asked was invalid, as these cases should be examined by the disciplinary Chamber SN and not by the labor chamber.
– handed over the SN press team.
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This is the proceedings initiated by the SN Chamber of Labor in the case of six judges of the Supreme Court. They concerned, inter alia, appeals against the resolutions of the National Register of Courts concerning the negative opinion expressed as to their desire to continue to rule after reaching retirement age. As part of these provisions, the Labor Chamber of the Supreme Court has decided to refer to the CJEU the preliminary questions relating in particular to: rules for the award of judges of the Supreme Court.
According to a message published on the website of the Supreme Court on 17 October, Jan Majchrowski, chairman of the Disciplinary Chamber, sent a letter informing the President of the CJEU that in cases involving six judges of the court seised, the jurisdiction to hear these matters is the Chamber. Disciplinary, not the Chamber of Labor and Social Security, which issued provisions.
Majchrowski, in a letter to the President of the CJEU, recalled that the competence of the Disciplinary Board is to examine the issues of work and social security of judges and to put them at rest. He added that the hearing of these cases by the Labor Chamber was illegal. Majchrowski also pointed out that, in accordance with the Code of Civil Procedure, the procedure is void in this case.
In late July, the Supreme Court announced that the Supreme Court Judge Maria Szulc and Judge Anna Owczarek had appealed the negative opinion of their willingness to pursue the decision of the National Council of the Council to the Chamber of Labor and Social Security of the Supreme Court. Previously, the appeal against such notice from the National Register of Courts had been submitted to SN Józef Iwulski.
The Supreme Court, following the appeal of Judge Anna Owczarek, referred the questions to the CJEU for a preliminary ruling. They concerned, inter alia, rules of interpretation of European law in the event of a complaint to the Supreme Court, in which the judge of this jurisdiction accuses the violation of the prohibition of discrimination on the basis of 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.
In September, the Supreme Court asked the EU Court of Justice three new questions for the independence of SN judges. 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 responded to the issues raised by the Supreme Court in these cases.
as / PAP
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