Poland’s Sejm Marshal has announced the beginning of the candidate selection process for the National Council of the Judiciary (KRS).
Legal Framework and Timeline
According to the current KRS law, the Sejm Marshal must announce the start of the candidate nomination process in the “Monitor Polski” official journal no earlier than 120 days and no later than 90 days before the term of judge members expires. As the current judges’ term expires on May 12, February 11 was the last possible day for this announcement.
Włodzimierz Czarzasty stated that if he doesn’t receive the President’s signature on the KRS law, he will issue the announcement about the KRS member selection process within two days. Meanwhile, signals from the Presidential Palace indicate that the President is not in a hurry with the decision.
Candidate Nomination Process
After the announcement is published, a 30-day deadline begins for submitting candidate nominations to the Sejm Marshal. This right is granted to a group of 2,000 citizens or 25 judges.
A candidate nomination must include information about previously held positions and social activities, as well as “other significant events that occurred during the candidate’s tenure as a judge.” The nomination must include the judge’s consent to run for office.
Within three days of receiving a candidate nomination, the Sejm Marshal must contact the appropriate president with a request to prepare and provide, within seven days, information on the candidate’s judicial record, including “socially significant or precedent-setting rulings, and significant information regarding administrative culture, particularly revealed during inspections.”
Judges Association Response
In light of the presidential veto, the entire procedure will likely be based on the controversial 2017 law. At the same time, internal voting among judges is planned so that they, not the Sejm, will have the decisive say in filling the 15 judicial positions in the Council. Due to tight deadlines, the order will be reversed – nominations will first go to the Sejm, followed by judges’ voting.
Last Saturday, at an extraordinary meeting of delegates of the Polish Judges’ Association “Iustitia,” a resolution was passed not only appealing to members to participate in the primary elections but also obligating the management to hold talks with “judge circles declaring support for restoring the rule of law” to select a common list of candidates.
The details of the initiative are not yet finalized, but previous communications indicate that the primaries would be conducted by court presidents. Critics point to many legal doubts, including the lack of statutory basis for entrusting presidents with any activities related to preparing for the vote.
