The Minister of Justice’s regulation on the examination of judges’ applications for recusal on the grounds of the circumstances of their appointment U 1/24
Ref. No. U 1/24
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 16 May 2024
The Constitutional Tribunal, composed of:
Zbigniew Jędrzejewski – Presiding Judge
Krystyna Pawłowicz
Bogdan Święczkowski – Judge Rapporteur,
Recording Clerk – Michał Rylski,
having considered, at a hearing on 16 May 2024 – in the presence of the applicant – the application by the National Council of the Judiciary lodged with the Constitutional Tribunal to consider the conformity of:
1) § 1, § 2 and § 3 of the Minister of Justice’s regulation of 6 February 2024 amending the Rules of Procedure for Common Courts (Journal of Laws – Dz. U. item 149) with Article 7 in conjunction with Article 186(1) of the Constitution of the Republic of Poland;
2) § 1 of the regulation referred to in point 1 with Article 41(1) of the Act of 27 July 2001 on the Organisational Structure of Common Courts (Journal of Laws – Dz. U. of 2023, item 217, as amended), and thus with Article 92(1) and Article 176(2) of the Constitution;
3) § 1 of the regulation referred to in point 1 with Article 45(1), Article 178(1), Article 179 and Article 190(1) of the Constitution;
adjudicates as follows:
1. § 1 of the Minister of Justice’s regulation of 6 February 2024 amending the Rules of Procedure for Common Courts (Journal of Laws – Dz. U. item 149) is inconsistent with Article 7 in conjunction with Article 186(1), Article 45(1), Article 92(1), Article 176(2), Article 178(1), Article 179 and Article 190(1) of the Constitution of the Republic of Poland.
2. § 2 and § 3 of the regulation referred to in point 1 are inconsistent with Article 7 in conjunction with Article 186(1) of the Constitution.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Zbigniew Jędrzejewski
Krystyna Pawłowicz
Bogdan Święczkowski