The Act on the National Council of the Judiciary K 5/17
Ref. No. K 5/17
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 20 June 2017
The Constitutional Tribunal, in a bench composed of:
Michał Warciński – Presiding Judge
Grzegorz Jędrejek
Lech Morawski
Mariusz Muszyński – Judge Rapporteur
Julia Przyłębska,
having considered, at a sitting in camera on 20 June 2017 – 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) – an application of the Public Prosecutor-General to consider the conformity of:
1) Article 11(3) and (4) in conjunction with Article 13(1) and (2) of the Act of 12 May 2011 on the National Council of the Judiciary (Journal of Laws – Dz. U. No. 126, item 714, as amended) to Article 178(1) and Article 187(1)(2) and Article 187(4) in conjunction with Article 32(1) and (2) of the Constitution as well as Article 11(2) in conjunction with Article 12(1) of the said Act to Article 187(1)(2) and Article 187(4) in conjunction with Article 32(1) and (2) of the Constitution;
2) Article 11(1)-(5) in conjunction with Article 13(3) and (4), first sentence, of the Act on the National Council of the Judiciary – insofar as they overlook the regulation pursuant to which the term of office of all members of the Council elected on the basis of those provisions should commence at the same time – to Article 187(3) and (4) of the Constitution in conjunction with the principle of specificity of legal provisions, which arises from Article 2, and to the principle that authorities are to function on the basis of, and within the limits of, the law, expressed in Article 7 of the Constitution,
adjudicates as follows:
1. Article 11(3) and (4) in conjunction with Article 13(1) and (2) of the Act of 12 May 2011 on the National Council of the Judiciary (Journal of Laws – Dz. U. of 2016 item 976 and 2261) is inconsistent with Article 187(1)(2) and Article 187(4) in conjunction with Article 32(1) of the Constitution of the Republic of Poland.
2. Article 11(2) in conjunction with Article 12(1) of the Act referred to in point 1 is inconsistent with Article 187(1)(2) and Article 187(4) in conjunction with Article 32(1) of the Constitution.
3. Article 13(3) of the Act mentioned in point 1 – construed in the way that the terms of office are individual in character in the case of the members of the National Council of the Judiciary elected from among the judges of common courts – is inconsistent with Article 187(3) of the Constitution.
Moreover, the Tribunal decides:
pursuant to Article 59(1)(2) 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), to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Michał Warciński Grzegorz Jędrejek Lech Morawski Mariusz Muszyński Julia Przyłębska