NEWS

24/01/2020

14:22

Judicial Council: A Judge Without an Order to Remove or Suspend Cannot Refrain from Adjudicating and Performing Duties

Michał Olech

The National Judicial Council, as an organ safeguarding the independence of courts and the impartiality of judges, is obliged to support judges whose position has been threatened in a manner exceeding the competencies granted to the central State organs by the Constitution of the Republic of Poland. Therefore, it states the following - wrote the National Judicial Council in a statement in connection with the resolution of the combined Chambers of Civil, Criminal, Labour and Social Security of the Supreme Court of January 23rd.
"1. Pursuant to Article 180(1) and (2) of the Constitution of the Republic of Poland, judges, from the moment of their appointment by the President of the Republic of Poland, are irremovable, which is not only beyond doubt in connection with the fundamental systemic assumptions of our State, but also clearly follows from thesis 133 of the ECJ ruling of November 19, 2018 (case C-585/18, C-624/18 and C-625/18). 2. Any actions aimed at depriving the President of the Republic of Poland of this indicated prerogative are actions directly violating the principle of judicial impartiality. Not even an act of statutory rank can breach this constitutionally granted guarantee to a judge. Even less can this be done by virtue of a court judgment, or even a resolution of a court. 3. The only exception is the removal of a judge from office or suspension from duty by virtue of a disciplinary court's ruling, in an individual case, concerning a specific judge, which the legislator has clearly provided for. 4. Consequently, a judge, concerning whom no ruling has been issued for their removal from office or suspension from duty, does not have the authority to refrain from adjudicating and performing official duties."

Michał Olech