Poland’s Constitutional Tribunal will examine the legality of a procedure allowing the Sejm to select members of the National Council of the Judiciary (KRS).
Government’s Plan B for KRS Selection
The ruling coalition seeks to revert to the pre-2017 system of KRS member selection by the judicial community, but President Karol Nawrocki vetoed the relevant legislation. Consequently, the government proposed “Plan B,” based on the existing law.
Under this plan, the Sejm will approve candidates nominated by judges during votes held at assemblies on April 20th. The current KRS’s term expires on May 12th.
KRS Challenges Sejm’s Selection Process
In late February, the KRS challenged the regulations governing the Sejm’s selection of KRS judges before the Constitutional Tribunal. The KRS argues the law violates principles of equal access to public service, fair and transparent proceedings, and separation of powers.
Dispute Over Candidate Vetting
A key point of contention is a provision requiring the Sejm Speaker to request confirmation from the Minister of Justice regarding the judicial status of individuals supporting a candidate. The KRS argues the Minister of Justice lacks the authority to determine who qualifies as a judge.
Concerns Regarding Appeal Rights
The KRS also objects to the limited appeal options available if the Sejm Speaker rejects a candidate’s nomination. The current process, according to the KRS, does not allow parties to present arguments or courts to clarify disputed facts, failing to meet standards of due process.
Shift in KRS Selection Method & Previous Criticism
Previously, judges selected KRS members. The current method, implemented in 2017 under the Law and Justice government, has been criticized as politicized, and the legitimacy of appointed judges has been questioned. European court rulings from the CJEU and ECHR have also highlighted flaws in the post-2017 procedure.
Stanisław Piotrowicz was a key proponent of the legislative changes affecting the KRS.
Tribunal Composition and Hearing Details
The Constitutional Tribunal will be comprised of a five-member panel led by Judge Stanisław Piotrowicz, with Judge Bogdan Święczkowski as rapporteur. Bartłomiej Sochański, Jakub Stelina, and Rafał Wojciechowski are also members of the panel. The hearing is scheduled to begin at 11:00 AM.