2024-11-19 21:49 update: 2024-11-19, 21:51
Photo PAP/Albert Zawada
The National Electoral Commission (PKW) has requested that judges appointed after 2017, so-called neo-judges, do not participate in cases before the Supreme Court and any other courts.
The current Polish government regards such judges as illegitimate because the members of the body responsible for nominating them, the National Council of the Judiciary (KRS), were under the previous Law and Justice (PiS) government, nominated by politicians and not, as previously, elected by fellow judges. Due to this, various European and Polish court rulings questioned the neo-KRS as a legitimate body.
On Tuesday, PKW's position on neo-judges was published on its website.
"The National Electoral Commission expects that the authorised bodies of the Republic of Poland will take legislative and organisational actions aimed at eliminating the possibility of adjudicating in the Supreme Court and common courts of persons whose status may be questioned," the PKW's statement read.
It added that PKW will apply for their exclusion from any cases involving the National Electoral Commission, in neo-judges would adjudicate.
In response, the PKW's deputy chairman, judge Wojciech Sych, published his own statement saying that this PKW's position is contrary to the provisions of the constitution and cannot have legal consequences.
On Monday, PKW rejected the PiS electoral committee's financial report from 2023 due to irregularities in the financing of its election campaign before last year's general vote and, as a result, substantially cut state funding for the party.
PKW member Ryszard Kalisz told journalists that PiS politicians may file an appeal against this decision to the Supreme Court within the next seven days. However, he added, in accordance with the resolution adopted on the same day the PKW does not recognise judgments issued by judges appointed by the "neo-KRS".
The Supreme Court's Chamber of Extraordinary Control, which is responsible for considering the appeal against Monday's decision, was established under the Supreme Court Act of 2017 and is composed of neo judges appointed to the office after 2017 at the request of the neo-KRS.
Later on Tuesday, Polish President Andrzej Duda, a PiS ally, said that the PKW which before had functioned "very well" has now been "staffed with people who cannot maintain class and impartiality."
"These are attempts to humiliate and insult judges who perform their duties honestly and who went through the procedure provided for by law," he told reporters.
"It is unworthy to humiliate these judges because of some political hatred," he added.
Duda further commented on Monday's decision of the PKW arguing that "This gives an impression, especially in view of the approaching presidential elections, where it is known that we have a specific system of financing political groups, political parties... as if the current government was trying to eliminate the most dangerous rivals, limiting their possibilities by taking away financial resources." (PAP)
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