Ocena konstytucyjności ustawy zmieniającej ustawę o Krajowej Radzie Sądownictwa
Assessment of the constitutionality of the Act amending the Act on the National Council of the Judiciary

Summary/Abstract: The draft position of the Sejm before the Constitutional Tribunal related to the referral of the President of the Republic of Poland, which questioned the constitutionality of the Act on Amending the Act on the National Council of the Judiciary, and additionally questioned the constitutionality of three provisions of the Act. The purpose of the amending Act was to change the method of selecting members of the National Council of the Judiciary, as well as the way in which this body functions. The position called for the proceedings in this regard to be discontinued due to the inadmissibility of issuing a judgement. If this motion was not granted, it called for the two provisions of the Act to be declared in conformity to the Constitution, and for the provision that deprives judges appointed to office at the request of the National Council of the Judiciary, formed pursuant to Article 9a of the Act on the National Council of the Judiciary, of the right to stand for election, to be declared in non‑conformity to the Constitution due to its non‑conformity to the constitutional principle of equality.

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