Anna Dalkowska, former deputy justice minister, wins Constitutional Court case after her judicial appointment was questioned.
Background of the Case
Anna Dalkowska, appointed to the Supreme Administrative Court on the recommendation of the National Council of the Judiciary, filed a complaint after the court challenged her right to adjudicate in a case (October 7, 2024, file no. III FSK 605/24). The decision was based on a “neutrality and impartiality test” that pointed out Dalkowska’s close association with Justice Minister Zbigniew Ziobry and her direct appointment from a district court.
Dalkowska’s Constitutional Challenge
The former deputy minister challenged Article 5a of the law on administrative courts, which allows such impartiality tests. She claimed it was inconsistent with constitutional provisions on judicial independence and the appointment process by the president based on KRS recommendations.
Constitutional Court’s Decision
The Constitutional Court sided with Dalkowska, declaring the provision unconstitutional. Judge Stanisław Piotrowicz explained that the article is unacceptable as it enables abstract questioning of judicial independence based solely on appointment circumstances, allows assessment of KRS decisions, and permits examination of presidential appointment acts.
Potential Consequences
Piotrowicz warned that leaving the provision could create a situation where judges appointed after March 2018 become “flawed judges” unable to adjudicate impartially due to alleged defects in their appointment process.
Criticism of the Ruling
Judge Andrzej Zielonacki filed a dissenting opinion, calling the ruling unfounded from both procedural and substantive perspectives. He noted that Dalkowska claimed a constitutional right to hold office that does not actually exist in the constitution.
