No regulation of the exclusion of a judge from the examination of a case upon a party’s request justified by the party’s subjective loss of confidence in the court’s impartiality and unbiased activity within the limits of the law SK 13/20
Ref. No. SK 13/20
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 12 July 2022
The Constitutional Tribunal, composed of:
Krystyna Pawłowicz – Presiding Judge
Stanisław Piotrowicz
Julia Przyłębska
Bartłomiej Sochański – Judge Rapporteur
Wojciech Sych,
having considered, at a sitting in camera on 12 July 2022 – 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. of 2019, item 2393) – Mr J.C.’s constitutional complaint, lodged with the Tribunal for it to consider the conformity of:
Article 49 of the Civil Procedure Code of 17 November 1964 – (Journal of Laws – Dz. U. of 2019 item 1460, as amended) – insofar as it does not regulate the exclusion of a judge from the examination of a case upon a party’s request justified by the party’s subjective loss of confidence in the court’s impartiality and unbiased activity within the limits of the law – with Article 2, Article 30, Article 32(1) as well as Article 45, Article 7 in conjunction with Article 83 as well as Article 45(1) in conjunction with Article 2 of the Constitution,
adjudicates as follows:
Article 49(1) of the Civil Procedure Code of 17 November 1964 (Journal of Laws – Dz. U. of 2021 item 1805, as amended) – insofar as it does not expressis verbis regulate the exclusion of a judge from the examination of a case upon a party’s request justified by the party’s subjective loss of confidence in the court’s impartiality and unbiased activity within the limits of the law – is consistent with Article 45(1) in conjunction with Article 2 of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Krystyna Pawłowicz
Stanisław Piotrowicz
Julia Przyłębska
Bartłomiej Sochański
Wojciech Sych