Draft LIBE report about Poland:
The Law on the Common Courts system and the Supreme Court Act
Definition of a judge in Poland
Definition of a judge. Article 179 of the Polish Constitution does not define the concept of a judge. However, it specifies the constitutional grounds and procedure for appointing a judge. It establishes the requirements for an effective acquisition of the status of a judge, which requires two elements: a request from the National Council of the Judiciary (KRS) and an appointment by the President of the Republic of Poland … [read more]
The act implements the judgement of the Court of Justice of the European Union of 19 November 2019 in cases: C-585/18, C-624/18 and C-625/18, in which it was confirmed that the appointment of judges by the President of the Republic of Poland cannot be the subject of a judicial review (point 133 of the justification) … [read more]
Act does not violate the rule of tripartition
Violation of the rule of tripartition of power by the Project Originator by abstracting from the competence of the court to assess whether the composition of the court in a given case is properly seated… [read more]
We are in constant contact
The Polish side responsibly proposes a number of legal solutions.
In a democratic state ruled by law, it is not the personal preferences of this or that environment that determine what is correct, but the constitution and laws.
The system and organization of the judicial system in the Member States remains outside the scope of EU competence. Therefore, there is no doubt that, in general, the system and organization of the judicial system in the Member States is outside the scope of EU competence which the Member States confer on the Union. Thus, these issues should be outside the area of interest of EU bodies, as being the sole responsibility of individual countries.
Rule of Law activities
Dialogue with European institutions
Constant contact and answering every inquiry. The specialized legal composition constantly protects Polish interests
Protection of Polish interest
All our activities are aimed at protecting the good and interests of the Polish state and its citizens
Opinions and statements
A message to the media and informing the public about the results of negotiations and arrangements on the international forum