Poland’s Supreme Court issued a landmark ruling on September 24, concerning the validity of judgments made by the Extraordinary Control and Public Affairs Chamber.
Landmark Ruling Details
The Supreme Court’s Labor Chamber, led by Judge Dawid Miąsik, made a significant decision on September 24. The ruling stated that if a complaint was filed with the Extraordinary Control and Public Affairs Chamber (IKNiSP) and the case was sent back for reconsideration, the statute of limitations did not run after the second-instance judgment.
Implications of the Ruling
The decision also clarified that judgments made by IKNiSP with judges appointed after 2018 are considered “non-existent” and “non-effective.” This is because IKNiSP, established in 2018, is not recognized as a court by the current government or the European Union.
Key Excerpts from the Ruling
The Supreme Court stated, “The court that has been referred the case for reconsideration… if the judgment of the Supreme Court has been annulled and the extraordinary appeal proceedings have not been concluded, may consider itself competent to examine the appeal.” The ruling has been given the power of a legal principle.
Context and Implications
The ruling was issued during the consideration of a case related to employee claims in Bielsko-Białej. The case had been lost, but the then-Prosecutor General filed an extraordinary appeal with IKNiSP in December 2021.
