This concerns the resolution of President Andrzej Duda of August 17 (published in Monitor Polski on August 27, item 799), in which Supreme Court judge Krzysztof Wesołowski was appointed chairman of the assembly of judges of the Civil Chamber of the Supreme Court electing candidates for the position of President of the Supreme Court, who directs the work of the Civil Chamber of the Supreme Court (the term of office of the current president, Joanna Misztal-Konecka, ends in September). The resolution bears the signature (countersignature) of Prime Minister Donald Tusk.
Prof. Wróbel: Prime Minister Tusk enabled the President’s unconstitutional actions
Prof. Włodzimierz Wróbel, a judge of the Supreme Court in the Criminal Chamber and chairman of the Criminal Law Codification Commission since March, commented on this situation on social media.
He recalled in his post that “when politicians were taking over the Supreme Court, the President appointed a commissioner from among the neo-judges to conduct the vote for Prof. M. Manowska, whom he had chosen for the position of First President of the Supreme Court. For President Duda’s decision to be valid, the consent of the Prime Minister, who was M. Morawiecki, was necessary. Of course, there was no problem with this consent.” “But for the Prime Minister of the current government to sign the same maneuver today, allowing political nominees of the previous government to maintain control over one of the most important parts of the Supreme Court?” – Professor Wróbel is surprised.
“The President appointed a neo-judge who was illegally appointed to the Court as a commissioner to conduct the election of the President of the Civil Chamber of the Supreme Court. Without the Prime Minister’s consent and his signature, such an appointment would be invalid and President Duda would not be able to appoint another political nominee to the position of President of this Chamber for the next three years. But the Prime Minister agreed, enabling the President’s unconstitutional actions. Restoring the rule of law,” the judge commented.
Markiewicz: this decision paves the way for the re-election of the neo-judge as president of the Civil Chamber of the Supreme Court
In turn, judge Krystian Markiewicz, president of the “Iustitia” association, says directly that the situation is a complete surprise. – An extremely negative surprise. Firstly, the Prime Minister of the Coalition, together with the President, appoints a neo-judge to any function on 15 October. Secondly, this decision paves the way for the re-election of the neo-judge as president of the Civil Chamber of the Supreme Court. Instead of acting to solve the huge problem with the Supreme Court, Donald Tusk is temporarily concretizing the PiS pathology in the Supreme Court with this countersignature,” Markiewicz says in an interview with the OKO.press portal.
