The National Council of the Judiciary declared that the validity of appointment acts issued by President Karol Nawrocki for 229 judicial assessors depends on countersignature by Prime Minister Donald Tusk. <\/p>\n
Constitutional impasses in the courts leave the future of hundreds of new judicial adjudicators in Polish courts in question. The effectiveness of the appointment acts handed over by President Karol Nawrocki to 229 judicial assessors will be decided by the granting of a countersignature by Prime Minister Donald Tusk, according to a resolution published on Wednesday by the National Council of the Judiciary (KRS). The matter has sparked another phase of deep legal dispute at the intersection of the Presidential Palace, the government, and the Constitutional Tribunal.<\/p>\n
President Karol Nawrocki handed over appointment acts on Tuesday to 211 district court assessors and 18 provincial administrative court assessors. On Wednesday, the National Council of the Judiciary recalled in a resolution published on platform X that, in accordance with Article 144 paragraph 3 of the Constitution of the Republic of Poland, official acts of the President not mentioned in the catalog of his prerogatives require the countersignature of the Prime Minister. The KRS noted at the same time that the appointment acts handed over by the head of state do not contain such a signature from the head of government.<\/p>\n
The Council emphasized in its position that the effectiveness of the judicial assessor appointment acts “cannot raise doubts,” both from the perspective of realizing citizens’ constitutional right to a court and protecting the rights of the persons to whom these acts apply. Consequently, the National Council of the Judiciary considers that granting the countersignature will decide the effectiveness of these appointment acts, reads the adopted resolution.<\/p>\n
The issue of the countersignature requirement in the appointment of assessors remains the axis of a sharp systemic dispute. On June 25, the Constitutional Tribunal ruled that the requirement of the Prime Minister’s countersignature for the effectiveness of appointing judicial assessors by the President is inconsistent with the Constitution of the Republic of Poland. The Tribunal ruled at that time that assessor nominations constitute an action functionally necessary to execute the exclusive presidential prerogative of appointing judges, which does not require a countersignature.<\/p>\n
However, the government does not recognize the legal effects of the current Constitutional Tribunal’s rulings. The Sejm indicated in a resolution from March 2024 that taking into account Tribunal rulings issued with a violation of the law may violate the principle of legality, consequently meaning these rulings are not published in the Journal of Laws. Minister of Justice Waldemar \u017burek has also repeatedly declared that he does not refer to the decisions of the current Constitutional Tribunal bench as judgments.<\/p>\n
At the beginning of July, Minister Waldemar \u017burek appealed for the urgent enablement of service commencement by over 200 graduates of the National School of Judiciary and Public Prosecution who successfully passed the judicial exam. On Wednesday, the head of the Ministry of Justice emphasized that during his tenure, he has created 881 new support positions for courts. As he noted, this number will increase further by the assessors appointed on Tuesday by the president.<\/p>\n","protected":false},"excerpt":{"rendered":"
The National Council of the Judiciary declared that the validity of appointment acts issued by President Karol Nawrocki for 229 judicial assessors depends on countersignature by Prime Minister Donald Tusk. Constitutional Impasse and the KRS Resolution Constitutional impasses in the courts leave the future of hundreds of new judicial adjudicators in Polish courts in question. […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"wpai_generated_summary":"","footnotes":""},"categories":[43],"tags":[],"class_list":["post-17286","post","type-post","status-publish","format-standard","hentry","category-politics-and-law"],"_links":{"self":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/posts\/17286","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/comments?post=17286"}],"version-history":[{"count":0,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/posts\/17286\/revisions"}],"wp:attachment":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/media?parent=17286"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/categories?post=17286"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/tags?post=17286"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}