Rysa na obliczu Temidy
A scratch on the face of Themis
Author(s): Andrzej GomułowiczSubject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Łódzkiego
Keywords: the independence of judges; the independence of the courts; the political position and importance of the National Judiciary Council; the meaning of Articles of the Constitution: 10; 45; 173; 186 act 1
Summary/Abstract: The article concerns the assessment of the thesis of the judgment of the Supreme Administrative Court of November 4, 2021 (no. III FSK 3626/21) as well as its justification. It focuses on the fundamental flaws, namely: 1) on the erroneous assumption made by judges that the National Judiciary Council is a constitutional collegiate body (the content of Article 187 (1) of the Constitution contradicts this); 2) on the erroneous recognition that the dismissal of elected members of the Council, judges, before the end of their 4-year term of office, is a defect in the procedure, while it is a clear and indisputable breach of Article 187, paragraph 3 of the Constitution; 3) on the unsubstantiated assumption that the President of the Republic of Poland has legal grounds to conduct his own substantive proceedings, which will verify the candidates for judicial posts submitted by the Council; 4) on the unauthorized equation between the NCJ and the neo-NCJ; 5) on a faulty application of the Astradsson test.
Journal: Kwartalnik Prawa Podatkowego
- Issue Year: 2022
- Issue No: 2
- Page Range: 29-38
- Page Count: 10
- Language: Polish