The election of members to the National Council of the Judiciary from among judges; an appeal against the said Council’s resolution on an appointment to the office of judge K 12/18
Ref. No. K 12/18
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 25 March 2019
The Constitutional Tribunal, composed of:
Julia Przyłębska – Presiding Judge
Grzegorz Jędrejek
Zbigniew Jędrzejewski
Justyn Piskorski – Judge Rapporteur
Andrzej Zielonacki,
having considered, at sittings in camera on 14 and 25 March 2019 – in accordance with Article 92(1)(1) of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U. item 2072, as amended) – joined applications by the National Council of the Judiciary and by a group of Senators lodged with the Tribunal for it to consider the conformity of:
1) Article 9a, Article 11a, Article 11b, Article 11c, Article 11d and Article 11e of the Act of 12 May 2011 on the National Council of the Judiciary (Journal of Laws – Dz. U. of 2018 item 389, as amended) to Article 187(1)(2) and Article 187(4) in conjunction with Article 2, Article 10(1) and Article 173 of the Constitution as well as with Article 186(1) of the Constitution,
2) Article 44(1) of the Act on the National Council of the Judiciary – insofar as it permits an appeal against resolutions issued by the National Council of the Judiciary in cases referred to in Article 3(1)(1) and Article 3(1)(2) of the said Act – to Article 2, Article 10, Article 144(3)(17), Article 173, Article 178, Article 179 and Article 186(1) of the Constitution,
3) Article 44(1a) of the Act on the National Council of the Judiciary to Article 2, Article 10, Article 60, Article 144(3)(17), Article 173, Article 178, Article 179 and Article 184 of the Constitution,
4) Article 44(3) of the Act on the National Council of the Judiciary – insofar as, with regard to proceedings before the Supreme Administrative Court, it requires the application of the provisions of the Civil Procedure Code of 17 November 1964 (Journal of Laws – Dz. U. of 2018 item 155, as amended) concerning cassation appeals – to Article 2, Article 7, Article 10, Article 144(3)(17), Article 173, Article 178, Article 179, Article 184 of the Constitution,
5) Article 388(1) of the Civil Procedure Code of 17 November 1964 (Dz. U. of 2018 item 1360, as amended) in conjunction with Article 44(3) of the Act on the National Council of the Judiciary – insofar as it permits suspending the powers to appoint a judge vested in the President of the Republic – to Article 2, Article 7, Article 10, Article 144(3)(17), Article 173, Article 178, Article 179 and Article 184 of the Constitution,
6) Article 44(4) of the Act on the National Council of the Judiciary to Article 2, Article 7, Article 10, Article 60, Article 173, Article 178, Article 179 and Article 186(1) of the Constitution.
adjudicates as follows:
1. Article 9a of the Act of 12 May 2011 on the National Council of the Judiciary (Journal of Laws – Dz. U. of 2019, item 84) is consistent with Article 187(1)(2) and Article 187(4) in conjunction with Article 2, Article 10(1) and Article 173 as well as with Article 186(1) of the Constitution of the Republic of Poland.
2. Article 44(1a) of the Act referred to in point 1 is inconsistent with Article 184 of the Constitution.
Moreover, the Tribunal decides:
pursuant to Article 59(1)(2) and Article 59(1)(3) of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U., item 2072 as well as of 2019, item 125), to discontinue the proceedings as to the remainder.
The ruling was adopted by a majority vote.
Julia Przyłębska
Grzegorz Jędrejek
Zbigniew Jędrzejewski
Justyn Piskorski
Andrzej Zielonacki