Poland’s Ministry of Justice proposes transferring the authority to dismiss court presidents and vice-presidents from the Minister to the National Council of the Judiciary.
Who Will Dismiss Court Presidents?
The latest draft legislation proposes amending Article 27 of the Act on the Organization of Common Courts, which currently grants the Minister of Justice the power to dismiss court presidents and vice-presidents.
The proposed change would transfer this authority to the National Council of the Judiciary, aiming to limit the Justice Minister’s power and strengthen the independence of the judiciary, as enshrined in Article 186 of the Polish Constitution.
Under the new proposal, the Minister of Justice would only initiate the dismissal procedure by submitting a request to the National Council of the Judiciary, under specific circumstances.
Grounds for Dismissal
The Minister of Justice would be authorized to initiate dismissal proceedings in three cases: when a president or vice-president persistently fails to fulfill their duties, when continuing in office would be detrimental to the administration of justice, or upon resignation.
Procedure and Suspension
Before submitting a dismissal request, the Minister would seek the opinion of the court’s general assembly of judges, providing a written justification for the request.
The Minister could simultaneously suspend the president or vice-president during the opinion-seeking process, with the suspension automatically lifted if the National Council of the Judiciary rejects the request or after three months if no request is submitted.
Appeal Process
The draft legislation stipulates that failure of the general assembly of judges to issue an opinion within 30 days will not impede the referral of the case to the National Council of the Judiciary.
The National Council of the Judiciary would then have 30 days to make a decision, which could be appealed to the Supreme Court.
Addressing ECHR Concerns
The proposed procedure aims to address concerns raised by the European Court of Human Rights (ECHR) in the *Broda and Bojara v. Poland* case (Nos. 26691/18 and 27367/18), where the lack of judicial recourse against the Minister of Justice’s dismissal decisions was deemed a violation of Article 6 of the European Convention on Human Rights.
Changes to Court College Composition
The draft also modifies the composition of court colleges, shifting from a structure based on the number of judges and assessors to one based on representation from regional and appellate courts.
Appellate court colleges will include the president and representatives from each district court within the appellate region, while district court colleges will include the president and representatives from each regional court within its jurisdiction.