On Wednesday, December 3, Poland’s Supreme Court chambers convened to affirm that its rulings cannot be deemed null by other authorities, sparking a heated exchange between judges and prosecutors.
Decision on Judicial Supremacy
On December 3, the combined chambers of Poland’s Supreme Court met to address the primacy of national law over EU law. They adopted a resolution stating that no other court or public authority can declare a Supreme Court judgment invalid by ignoring its effects, even when invoked by European Union law. The ruling also reiterated that European courts or institutions cannot dictate how Polish courts operate.
Appointment of Neo‑Judges Under Scrutiny
The Chamber of Labor and the Chamber of Extraordinary Control approved a resolution on the validity of appointments of so‑called neo‑judges to the Chamber of Extraordinary Control. The session, attended by 23 judges—most of them appointed after 2017—was reported by PAP.
Sharp Exchange During the Session
According to prawo.pl, the meeting began with a dispute between prosecutor Mariusz Kowal, the deputy representative of the National Prosecutor’s Office, and Chair of the judging panel Judge Krzysztof Wiak. Kowal challenged the proper selection of the panel and demanded withdrawal of the resolution, arguing that the legality of the Chamber of Extraordinary Control had already been settled in European and Polish jurisprudence.
Prosecutor Defends Legal Order
“We want to prevent the legal chaos that could arise after adopting the resolution, which is why we came to the Supreme Court and are participating in the session,” Kowal told journalists.