2020-02-18
FOR Communication 4/2020: Transparency of the Elections to the New NCJ: the Publication of the Lists Does Not End the Case
Summary:
- After 749 days from our inquiry, the Chancellery of the Sejm published scans of the lists of support for candidates for members of the new National Council of the Judiciary
- The publication was the result of the administrative court's judgment, which annulled the decisions of the President of the Personal Data Protection Office suspending access to the lists by the Head of the Chancellery of the Sejm
- After 2 years of obstruction, the parliamentary services confirmed the position of NGOs, including the Civil Development Forum, that these documents are public information and are subject to disclosure
- An analysis of the lists confirms that the members of the new NCJ were supported by a narrow group of judges linked to the Minister of Justice - including more than 50 presidents and vice-presidents of courts or judges delegated to a ministry - which contradicts the assurances of broad representation of the Council
- The appearance of the documents and the order of signatures raises doubts as to whether the current NCJ operates legally and thus whether judicial appointments at the request of this body are valid
Author:
Patryk Wachowiec, legal analyst
patryk.wachowiec@for.org.pl
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