The Act of 13 January 2023 amending the Supreme Court Act and certain other acts Kp 1/23
Ref. No. Kp 1/23
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 11 December 2023
The Constitutional Tribunal, composed of:
Julia Przyłębska – Presiding Judge
Zbigniew Jędrzejewski
Krystyna Pawłowicz
Stanisław Piotrowicz
Justyn Piskorski
Piotr Pszczółkowski
Bartłomiej Sochański – Judge Rapporteur
Bogdan Święczkowski
Michał Warciński
Rafał Wojciechowski
Jarosław Wyrembak,
Recording Clerk – Michał Rylski,
having considered, at a hearing on 11 December 2023 – in the presence of the applicant, the Sejm and the Public Prosecutor-General – the application of the President of the Republic of Poland, lodged with the Constitutional Tribunal to consider the conformity of:
I)
1. Art. 1(2)(b) amending Art. 29(5) of the Act of 8 December 2017 on the Supreme Court (Journal of Laws – Dz. U. of 2021 item 1904, of 2022 items 480, 1259, 2280 and 2600 as well as of 2023 item 181)
2. Art. 1(3)(b) amending Art. 72(6)(3) of the Act referred to in point I. 1.
3. Art. 2(1)(b) amending Art. 23a(4) of the Act of 21 August 1997 on the Organisational Structure of Military Courts (Journal of Laws – Dz. U. of 2022 item 2250)
4. Art. 2(2)(b) amending Art. 37(4)(3) of the Act referred to in point I.3.;
5. Art. 3(1)(a) amending Art. 42a S 3 of the Act of 27 July 2001 on the Organisational Structure of Common Courts (Journal of Laws – Dz. U. of 2020 item 2072, as amended);
6. Art. 3(3)(b) amending Art. 107 S 3 point 3 of the Act referred to in point I.5.;
7. Art. 4(2)(a) amending art. 5a S I of the Act of 25 July 2002 on the Organisational Structure of Administrative Courts (Journal of Laws – Dz. U. of 2022 item 2492);
8. Art. 4(4)(b) amending art. 48 S 6 point 3 of the Act referred to in point I.7.
insofar as it is admissible to examine, as part of the independence test, a judge’s fulfilment of the requirement of being “established by law”
– to Art. 179 in conjunction with Art. 144(3)(17) as well as in conjunction with Art. 10(1), Art. 178, Art. 180 as well as Art. 45(1) of the Constitution;
II)
1. Art. 1(2)(c) amending Art. 29(7) of the Act referred to in point I. 1.;
2. Art. 1(2)(d) adding para 7a in Art. 29 of the Act referred to in point I. 1.;
3. Art. 1(2)(e) amending para 8 in Art. 29 of the Act referred to in point I.1 .;
4. Art. 2(1)(c) amending Art. 23a(7) of the Act referred to in point I.3.;
5. Art. 2(1)(d) adding para 7a in Art. 23a of the Act referred to in point I.3.;
6. Art. 3(1)(b) amending Art. 42a(6)(7) as well as adding point 8 in para 6 of Art. 42a of the Act referred to in point I.5.;
7. Art. 3(1)(c) adding para 6a in Art. 42a of the Act referred to in point I.5.;
8. Art. 4(2)(b) amending Art. 5a(3) of the Act referred to in point I. 7.;
9. Art. 4(2)(c) adding para 3a in Art. 5a of the Act referred to in point 1.7.
insofar as the competent court is authorised to lodge an application to verify a judge’s fulfilment of the requirements of independence, impartiality and appointment on the basis of the statute, by taking account of the circumstances of the appointment and the judge’s conduct following the appointment, if there is serious doubt in that regard
– to Art. 2, Art. 45(1), Art. 179 in conjunction with Art. 144(3)(17) as well as in conjunction with Art. 10(1), Art. 178, Art. 180 of the Constitution;
III)
1. Art. 1(2)(a) repealing para 4 in Art. 29 of the Act referred to in point I.1
2. Art. 2(1)(a) repealing para 3 in Art. 23a of the Act referred to in point I.3
3. Art. 3(2) repealing para 5 in Art. 55 of the Act referred to in point I.5
4. Art. 4(1) repealing para 1c in Art. 5 of the Act referred to in point I.7
– to Art. 2, Art. 45(1), Art. 179 in conjunction with Art. 144(3)(17) as well as in conjunction with Art. 10(1), Art. 178, Art. 180 of the Constitution;
IV)
1. Art. 1(3)(a) and (b) amending Art. 72(6)(1) and Art. 72(6)(3) of the Act referred to in point I.1.
2. Art. 2(2)(a) and (b) amending Art. 37(4)(1) and Art. 37(4)(3) of the Act referred to in point I.3
3. Art. 3(3)(a) and (b) amending Art. 107(3)(1) and Art. 107(3)(3) of the Act referred to in point I.5
4. Art. 4(4)(a) and (b) amending Art. 48(6)(1) and Art. 48(6)(3) of the Act referred to in point I.7.
– to Art. 2, Art. 7, Art. 10(1), Art. 179 in conjunction with Art. 144(3)(17), Art. 175(1), Art.45(1) and Art. 77(2) of the Constitution;
V)
1. Art. 1(1)(a) repealing point (a) in Art. 27a(1)(1) of the Act referred to in point I.1 as well as amending Art. 27a(1)(1)(b) and Art. 27a(1)(2) of the said Act
2. Art. 1(2)(e)-(j) amending Art. 29(8), (11), (14)-(19), (21), (23), (25) of the Act referred to in point I. 1
3. Art. 1(4) amending Art. 73(1)(1) and (2) of the Act referred to in point I. 1
4. Art. 2(1)(e) amending Art. 23a(14) of the Act referred to in point I.3
5. Art. 2(3)(a) amending Art. 39a(1)(1)(b), Art. 39a(1)(2) of the Act referred to in point I.3
6. Art. 2 (3)(b) amending Art. 39a(2)(a) of the Act referred to in point I.3
7. Art. 2(3)(c) repealing Art. 39a(2b) of the Act referred to in point I.3.
8. Art. 2(3)(d) amending Art. 39a(4) of the Act referred to in point I.3.
9. Art. 3(1)(d) amending art. 42a § 13 the Act referred to in point I.5.
10. Art. 3(4)(a), amending Art. 110(1)(1)(b) as well as Art. 110(1)(2) of the Act referred to in point I.5.
11. Art. 3(4)(b) amending Art. 110(2a) of the Act referred to in point I.5.
12. Art. 3(4)(c), repealing Art. 110(2b) of the Act referred to in point I.5
13. Art. 3(4)(d), amending Art. 110(3) of the Act referred to in point I.5.
14. Art. 3(5), amending Art. 112c of the Act referred to in point I.5.
15. Art. 3(6), amending Art. 114(7) of the Act referred to in point I.5.
16. Art. 3(7), amending Art. 114a(3) of the Act referred to in point I.5.
17. Art. 4(3) adding para 2(9) of the Act referred to in point I. 7.
18. Art. 5
19. Art. 6
20. Art. 7
21. Art. 9
22. Art. 10
– to Art. 2, Art. 45(1) in conjunction with Art. 31(3), Art. 184 and Art. 183(1) in conjunction with Art. 177 of the Constitution;
VI)
Art. 1(5) amending Art. 97(3) of the Act referred to in point I. 1, to Art. 183(1) and Art. 184 in conjunction with Art. 175(1) of the Constitution;
VII)
to Art. 2 and Art. 45(1) of the Constitution – insofar as the provisions infringe the injured party’s right to an effective remedy, without undue delay in criminal proceedings, for the damage caused by a judge’s commission of a criminal offence;
VIII)
to Art. 2 of the Constitution, and the principle of an appropriate period of vacatio legis derived therefrom.
adjudicates as follows:
I
1. Art. 1(2)(b)-(e), Art. 1(3)(b), Art. 2(1)(b)-(d), Art. 2(2)(b), Art. 3(1)(a)-(c), Art. 3(3)(b), Art. 4(2)(a)-(c), Art. 4(4)(b) of the Act of 13 January 2023 amending the Supreme Court Act and certain other acts are inconsistent with Art. 179 in conjunction with Art. 144(3)(17) as well as with Art.178 and Art. 180(1) of the Constitution of the Republic of Poland.
2. Art. 1(1)(a), Art. 1(2)(e)-(j), Art. 1(4), Art. 2(1)(e), Art. 2(3)(a), Art. 2(3)(b), Art. 2(3)(c), Art. 2(3)(d), Art. 3(1)(d), Art. 3(4)(a), Art. 3(4)(b), Art. 3(4)(c), Art. 3(4)(d), Art. 3(5), Art. 3(6), Art. 3(7), art. 4(3), Art. 5, Art. 6, Art. 7, Art. 9 and Art. 10 of the Act referred to in point 1 are inconsistent with Art. 184 and Art. 183(1) of the Constitution.
II
The provisions indicated in part I are inextricably linked with the entire Act.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was adopted by a majority vote.
Julia Przyłębska
Zbigniew Jędrzejewski
Krystyna Pawłowicz
Stanisław Piotrowicz
Justyn Piskorski
Piotr Pszczółkowski (dissenting opinion)
Bartłomiej Sochański
Bogdan Święczkowski
Michał Warciński
Rafał Wojciechowski
Jarosław Wyrembak