Disputes over powers between the Sejm of the Republic of Poland and the Polish Supreme Court as well as between the President of the Republic of Poland and the Polish Supreme Court Kpt 1/20
DECISION
of 21 April 2020
Ref. No. Kpt 1/20
The Constitutional Tribunal, composed of:
Julia Przyłębska – Presiding Judge
Zbigniew Jędrzejewski
Leon Kieres
Mariusz Muszyński
Krystyna Pawłowicz – Judge Rapporteur
Stanisław Piotrowicz
Piotr Pszczółkowski
Bartłomiej Sochański
Jakub Stelina
Wojciech Sych
Rafał Wojciechowski
Jarosław Wyrembak
Andrzej Zielonacki,
Recording Clerks: Grażyna Szałygo and Krzysztof Zalecki,
having considered, at hearings on 3 and 12 March as well as on 21 April 2020 – in the presence of the applicant as well as the President of the Republic of Poland, the Sejm, and the Public Prosecutor-General – the application of 22 January 2020 lodged with the Constitutional Tribunal by the Marshal of the Sejm with reference to:
I. settling a dispute over powers between the Sejm of the Republic of Poland and the Polish Supreme Court.
When examining the dispute, the Constitutional Tribunal should determine:
- whether the Supreme Court has jurisdiction to introduce modifications in the legal situation regarding the organisational structure of the judiciary – also by means of a resolution referred to in Article 83(1) of the Supreme Court Act of 8 December 2017 (Journal of Laws – Dz. U. of 2019, item 825, as amended), adopted in connection with an international court ruling – or whether, pursuant to Art. 10(1) and (2), Art. 95(1), Art. 176(2), Art. 183(2), and Art. 187(4) of the Constitution of the Republic of Poland, such competence remains within the exclusive ambit of the legislator.
II. settling a dispute over powers between the President of the Republic of Poland and the Polish Supreme Court.
When examining the dispute, the Constitutional Tribunal should determine:
- whether the competence referred to in Art. 179 in conjunction with Art. 144(3)(17) of the Constitution – which the Constitution vests in the President of the Republic of Poland –may be construed in the way that it is admissible to entrust the Supreme Court, and/or another court, with jurisdiction that is not provided for in the Constitution and that involves evaluating the validity of the appointment of a judge, and in particular – the jurisdiction to assess the validity of granting judicial powers to an appointed judge.
- whether the Supreme Court may arrive at a binding interpretation of the provisions of the Constitution with relation to the Polish President’s exercise of the prerogative referred to in Article 144(3)(17) and Article 179 of the Constitution, and in particular whether the said Court may specify prerequisites for the valid appointment of a judge.
d e c i d e s:
1. to settle the dispute over powers between the Polish Supreme Court and the Sejm of the Republic of Poland as follows:
a) the Supreme Court – also in connection with an international court ruling – has no jurisdiction to provide “a law-making interpretation” of legal provisions which leads to modifications in the legal situation regarding the organisational structure of the judiciary, by means of adopting a resolution referred to in Article 83(1) of the Supreme Court Act of 8 December 2017 (Journal of Laws – Dz. U. of 2019 item 825 and of 2020 item 190);
b) on the basis of Art. 10, Art. 95(1), Art. 176(2), Art. 183(2) as well as Art. 187(4) of the Constitution of the Republic of Poland, the introduction of any modifications within the scope specified in point 1(a) above falls within the exclusive ambit of the legislator.
2. to settle the dispute over powers between the Polish Supreme Court and the President of the Republic of Poland as follows:
a) on the basis of Art. 179 in conjunction with Art. 144(3)(17) of the Constitution, the act of appointing judges constitutes the exclusive competence of the Polish President, which s/he exercises – upon request of the National Council of the Judiciary – in person, in an irrevocable way, and without any participation or interference on the part of the Supreme Court,
b) Article 183 of the Constitution does not provide that the Supreme Court has jurisdiction to oversee the Polish President’s exercise of his/her competence referred to in Art. 179 in conjunction with Art. 144(3)(17) of the Constitution, which also entails the Court’s lack of jurisdiction to arrive at a binding interpretation of legal provisions to specify prerequisites for the Polish President’s effective exercise of the said competence.
The ruling was adopted by a majority vote.
Julia Przyłębska
Zbigniew Jędrzejewski
Leon Kieres (dissenting opinion)
Mariusz Muszyński (dissenting opinion)
Krystyna Pawłowicz
Stanisław Piotrowicz
Piotr Pszczółkowski (dissenting opinion)
Bartłomiej Sochański
Jakub Stelina (dissenting opinion)
Wojciech Sych
Rafał Wojciechowski
Jarosław Wyrembak (dissenting opinion)
Andrzej Zielonacki