2024-09-11 14:54 update: 2024-09-11, 20:29
Photo: PAP/Radek Pietruszka
Adam Bodnar, the Polish Minister of Justice, has said that Prime Minister Donald Tusk's decision to withdraw his support for the president's nomination of a judge does not pose a threat to the legal system.
The statement comes in response to Tusk's post on the X platform on Monday, in which he announced his decision to withdraw his countersignature from President Andrzej Duda's directive to appoint Krzysztof Wesolowski as the chairman of the Assembly of the Civil Chamber of the Supreme Court, citing a complaint from judges.
This position involves the duty of selecting a new president for the chamber. Constitutional law experts cited in the media have raised questions regarding the legal foundation of this decision.
Adam Bodnar, addressing the situation, told the private broadcaster Polsat News on Wednesday that there were two exceptional circumstances pertaining to this case.
In the first context, he highlighted a complaint submitted to the Provincial Administrative Court (WSA) by two judges from the Civic Chamber and explained that "when a complaint is lodged, the authority responsible for the decision, or those involved in the decision-making process, possesses the right to amend this self-regulation."
In the second context, Bodnar indicated that the timing was crucial. "Provided that the decision had not been finalised, since the Civil Chamber Assembly of the Supreme Court had yet to convene, this action was permissible," he contended. "Had it occurred today, it would have been too late."
Bodnar confirmed that the government would acknowledge the election of a new president for the chamber. "At this point, we are uncertain about who will assume the role of president of the Civil Chamber; however, three individuals are so-called neo-judges," he stated. The designation 'neo-judges' pertains to judges who were purportedly appointed through improper means during the tenure of the previous Law and Justice (PiS) government.
In late August, Tusk expressed his support for President Andrzej Duda's decision to appoint Krzysztof Wesolowski as the chairman of the Assembly. This action sparked significant backlash within judicial circles and among members of the governing coalition, as Wesolowski had been appointed to the Supreme Court by the National Council of the Judiciary (KRS), which they argue had undergone reforms and politicisation under the PiS government. (PAP)
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