NEWS

25/04/2019

13:04

PiS Withdaws Part of Supreme Court Amendment with Self-Amendment, Including First President Election

Michał Olech

A self-amendment to the bill amending the Supreme Court Act, submitted by PiS (Law and Justice party), effectively nullifies the earlier proposal designed to "safeguard" against potential obstruction in the procedure for electing the First President of the Supreme Court and chamber presidents. The self-amendment also scraps the change that would have expanded the powers of the Disciplinary Chamber, specifically its handling of requests to lift judges' immunity.

- This self-amendment introduces fundamental changes to the draft act amending the Supreme Court Act and other acts. All changes have been deleted from the draft, except for provisions concerning regulations related to nomination proceedings for judicial positions - it was stated in the justification.

This means that only the provisions remain, which, according to the opposition, PiS will use to challenge future rulings of the Court of Justice of the European Union (CJEU). In practice, this concerns the termination of proceedings related to the appointment of Supreme Court judges made by the National Judicial Council (KRS), for which preliminary questions were posed to the CJEU.

According to Marek Ast, the Speaker of the Sejm had doubts regarding the so-called anti-obstruction procedure in the election of the aforementioned First President of the Supreme Court, because the Constitution clearly states that the First President of the Supreme Court is appointed by the President for a six-year term from among candidates presented by the General Assembly of Supreme Court judges. This provision would have been utilized if there had been a change of government and president, and the "old" judges attempted to block the election procedure until a new head of state was appointed.


Michał Olech