Procedure for recalling the court’s president or vice-president K 2/24
Ref.No. K 2/24
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 16 October 2024
The Constitutional Tribunal, composed of:
Bogdan Święczkowski – Presiding Judge
Zbigniew Jędrzejewski
Krystyna Pawłowicz – 1st Judge Rapporteur
Stanisław Piotrowicz – 2nd Judge Rapporteur
Rafał Wojciechowski,
Recording Clerk – Michał Rylski,
having considered, at the hearings on 20 June and 16 October 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) Article 27(1),(2),(4), (5), (5a), (6) and (7) of the Act of 27 July 2001 on the Organisational Structure of Common Courts (i.e. Journal of Laws – Dz. U. of 2023, item 217, as amended; hereinafter: the Act on the Organisational Structure of Common Courts) – insofar as it authorises the Minister of Justice to recall the court’s president or vice-president, without the involvement of the National Council of the Judiciary and without being bound by the negative opinion of the said Council issued with regard to the said Minister’s intention to recall the court’s president or vice-president – with Article 2, Article 10(1) and Article 186(1) in conjunction with Article 173 and Article 178(1) of the Constitution, as well as the indication that the challenged provisions will cease to have effect as of 13 December 2023;
(2) Article 27(3) of the Act referred to in point 1 with Article 2 in conjunction with Article 176(2), Article 173 in conjunction with Article 10(1) and Article 178(1), Article 45(1), and Article 32(1) of the Constitution, as well as the indication that the challenged provisions will cease to have effect as of 13 December 2023;
adjudicates as follows:
(1) Article 27(3) of the Act of 27 July 2001 on the Organisational Structure of Common Courts (i.e. Journal of Laws – Dz. U. of 2024, item 334) – insofar as it excludes the National Council of the Judiciary from the procedure for suspending the court’s president or vice-president in her/his duties as well as does not specify the period of the said suspension;
(2) Article 27(5) of the Act referred to in point 1 – insofar as it excludes the National Council of the Judiciary from the procedure for recalling the court’s president or vice-president where the competent court’s special body of judges issue, or does not issue, a positive opinion within the time-limit of 30 days from the date of the Minister of Justice’s announcement of the intention to recall the court’s president or vice-president;
(3) Article 27(5a), second sentence, of the Act referred to in point 1 – insofar as it provides that the Minister of Justice shall be bound by the negative opinion of the National Council of the Judiciary issued with regard to his/her intention to recall the court’s president or vice-president for resolutions adopted solely by a two-thirds majority vote;
(4) Article 27(5a), third sentence, of the Act referred to in point 1 – insofar as it provides that the National Council of the Judiciary’s failure to issue the aforementioned opinion within the time-limit of 30 days from the date when the Minister of Justice announces the intention to recall the court’s president or vice-president does not pose an obstacle to the said recall
– are inconsistent with Article 186(1) in conjunction with Article 173 in conjunction with Article 178(1) 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.
Bogdan Święczkowski
Zbigniew Jędrzejewski
Krystyna Pawłowicz
Stanisław Piotrowicz
Rafał Wojciechowski (dissenting opinion)