The upper age limit for candidates applying to be admitted as trainee judges and trainee public prosecutors for professional training provided by the National School of Judiciary and Public Prosecution K 3/22
Ref. No. K 3/22
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 13 December 2022
The Constitutional Tribunal, composed of:
Bartłomiej Sochański – Presiding Judge
Krystyna Pawłowicz
Julia Przyłębska
Piotr Pszczółkowski
Jakub Stelina – Judge Rapporteur,
Recording Clerk – Michał Rylski,
having considered, at the hearing on 13 December 2022 – in the presence of the applicant, the Sejm and the Public Prosecutor-General – the application of the Polish Ombudsman [also referred to as the Polish Commissioner for Human Rights], lodged with the Constitutional Tribunal to assess the conformity of:
Article 24(1)(1a) and Article 37b(1)(1) of the Act of 23 January 2009 on the National School of Judiciary and Public Prosecution (Journal of Laws – Dz. U. of 2020, item 1366) to Article 32(1) and (2) as well as Article 60 in conjunction with Article 31(3) of the Constitution,
adjudicates as follows:
Article 24(1)(1a) and Article 37b(1)(1) of the Act of 23 January 2009 on the National School of Judiciary and Public Prosecution (Journal of Laws – Dz. U. of 2022, item 217) are inconsistent with Article 60 in conjunction with Article 31(3) of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was adopted by a majority vote.
Bartłomiej Sochański
Krystyna Pawłowicz
Julia Przyłębska
Piotr Pszczółkowski
Jakub Stelina