NEWS

16/04/2020

19:19

Mucha Confirms: President Duda Rejects Gersdorf's Interpretation and Will Use Article 13a, Allowing Him to Appoint an Acting Supreme Court President

Łukasz Mężyk

- In accordance with Article 13a of the Act on the Supreme Court, if candidates have not been nominated by the General Assembly according to the provisions of the Act, the President shall immediately entrust the performance of the duties of the First President of the Supreme Court to a judge of the Supreme Court indicated by him - Paweł Mucha, Deputy Head of the Presidential Office, confirms our reports in an interview with 300.

- Such a judge, who has been entrusted with the performance of duties, has an obligation to convene a general assembly and indicate candidates to the President - he adds.

- It is surprising and astonishing that the duties will be taken over, as announced by the First President and the spokesperson of the Supreme Court, because this simply cannot happen in such a situation if the President uses his statutory competences - Mucha says.

Article 13a of the Act reads: "If candidates for the position of First President of the Supreme Court have not been elected in accordance with the rules specified in the Act, the President of the Republic of Poland shall immediately entrust the performance of the duties of the First President of the Supreme Court to a judge of the Supreme Court indicated by him."

- The President does not accept the interpretation put forward by the outgoing First President of the Supreme Court and the spokesperson of the Supreme Court, that the function of the First President of the Supreme Court will be held by the judge with the longest tenure, and will use his prerogatives - 300POLITYKA has previously heard from a trusted associate of the head of state.

Małgorzata Gersdorf presented her interpretation in an interview with Krzysztof Sobczak for prawo.pl: "There is no risk that the Supreme Court will be left without leadership. If a First President is not appointed, then after my departure, based on Article 14 paragraph 2 of the Act on the Supreme Court, the duties will be taken over by the president managing a chamber with the longest tenure."

A source for 300POLITYKA at the Presidential Palace tells us that the President fundamentally disagrees with this interpretation and it can be stated with high probability that he will use his prerogatives. This was confirmed to 300POLITYKA shortly afterwards by presidential minister Paweł Mucha.

Łukasz Mężyk