Poland’s Supreme Court Chief Justice Małgorzata Manowska will not seek re-election, citing a constitutional powers conflict with the prime minister.
Manowska Confirms Decision Not to Run for Re-election
Małgorzata Manowska has unequivocally confirmed that she does not intend to run for another term. As she noted, the decision has already been made, although she left minimal possibility of changing her position in an exceptional situation.
This means that after the end of her term, the position will be taken over by a new person, selected in accordance with the procedure provided for in the regulations. The general assembly of Supreme Court judges will select candidates, and the final decision will be made by the president.
Constitutional Powers Dispute at Heart of Decision
One of the main reasons for Manowska’s resignation is a conflict regarding the countersignature of the prime minister under decisions of the president concerning the judiciary. This refers to the formal requirement of the prime minister’s signature under certain acts of the head of state.
Manowska pointed out that the lack of a countersignature causes serious difficulties in the functioning of the Supreme Court and affects the possibility of conducting procedures related to filling leadership positions.
Procedural Deadlock Avoided
In practice, the potential candidacy of the current first president could have led to a procedural deadlock and additional tensions around the functioning of the Supreme Court.
The consequences of the conflict concern not only the position of the first president, but also other key functions in the structure of the Supreme Court. One example is the lack of a president of the Labor Chamber, which has persisted for several months.
Constitutional Challenge Filed
The dispute also concerns the appointment of assessors, who – like judges – perform tasks related to the judiciary. In Manowska’s opinion, the obligation for countersignature should not apply in this case.
This is why she submitted an application to the Constitutional Tribunal, which is to decide whether such decisions require the signature of the head of government. The resolution of this issue may have significant importance for the functioning of courts.
Need for New Leadership Cited
Małgorzata Manowska emphasized that the decision to resign from running for another term also stems from the conviction that the institution needs new leadership. She noted that among the Supreme Court judges there are no shortage of candidates with appropriate competences to hold this position.
At the same time, she noted that she expects the continuation of the current style of managing the Supreme Court, which she described as moderate and independent.
In the coming weeks, the general assembly of Supreme Court judges will begin the procedure for selecting candidates. Then the president will appoint a new first president of the Supreme Court.
