2018-12-18
FOR Communication 34/2018: The amendment to the Act on the Supreme Court does not restore the rule of law
At the end of November this year, a draft of another amendment to the Act on the Supreme Court of 8 December 2017 was submitted to the parliament. The government withdrew its proposal to retire almost 1/3 of the Supreme Court judges and give the President the right to decide whether his or her duties can be continued when the judge reaches the retirement age. These changes also apply to the judges of the Supreme Administrative Court. The Act, which has just been signed by the President, awaits publication in the Journal of Laws.
- At the end of November, the Polish Parliament adopted another, seventh amendment to the Act on the Supreme Court, which "reinstates" the judges of the Supreme Court and the Supreme Administrative Court
- According to its authors, the amendment is meant to respond, among others, to the provisional decision of the EU Court of Justice that suspended the application of some of the provisions of the Act on the Supreme Court
- However no revision was needed, because the ruling of the CJEU applies directly and does not require implementation in the Polish legal system
- The adopted amendment requires no further action on the verification of the status of judges of the Supreme Court and the Supreme Administrative Court, thus breaking their right to a court
- The entry into force of the amendment does not suspend proceedings before the CJEU regarding the Act on the Supreme Court
- The return of judges of the Supreme Court and the Supreme Administrative Court to their court duties does not mean that other objections regarding, among others, Disciplinary Chamber or configuration of the National Council of the Judiciary and the Constitutional Tribunal.
Author:
Patryk Wachowiec, legal analyst
patryk.wachowiec@for.org.pl
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