Problem dopuszczalności odwołania przez Ministra Sprawiedliwości konkursów zainicjowanych obwieszczeniami o naborze na wolne stanowiska sędziowskie
The Admissibility of the Minister of Justice’s Cancellation of Competitions Initiated by the Announcem

Summary/Abstract: This article assesses whether the Polish Minister of Justice may legally cancel competitions initiated by announcements (on the basis of Article 20a § 4 of the Act of 27 July 2001 on the System of Common Courts) which notify the public of recruitment for judicial vacancies. The Minister of Justice publishes the announcements of judicial vacancies in Monitor Polski (the Official Gazette of the Republic of Poland). It is vital for this assessment to take account of serious reservations about the legal status of the National Council of the Judiciary, as reconstituted under the Act of 8 December 2017 Amending the Act on the National Council of the Judiciary and Certain Other Acts. Those reservations include questions about the National Council of the Judiciary’s compliance with the Constitution of the Republic of Poland as well as European Union law and the European Convention on Human Rights. The subject-matter of this article is also analysed with a view to the type of court to which recruitment for a judicial vacancy has been announced as well as other circumstances that may impact the assessment of the proper manner of cancelling the aforementioned competitions. Should the cancelling of the said competitions be deemed legally admissible, this article analyses the form such cancellation should take. The analysis is based on the relevant legal provisions as they were in force on 6 June 2024.

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