The President of the Supreme Court asks the full panel about the status of neo-judges
The President of Poland's Supreme Court, Małgorzata Manowska, has posed a legal question to the full Supreme Court regarding the status of judges appointed after 2017 amid rising disputes over their legitimacy.
On February 23, 2023, Małgorzata Manowska, the President of Poland's Supreme Court, submitted a legal question to the full panel of the court concerning the contentious status of judges who were appointed after 2017. This query arises in the context of ongoing disputes surrounding these judges, which have been heightened due to varying interpretations of their legitimacy in light of constitutional law and European Union regulations.
The inquiry initiated by Manowska focuses on whether the participation of a judge, appointed by the President of Poland under a nomination procedure declared unconstitutional by the Constitutional Tribunal or found to violate EU law or the European Convention on Human Rights, could provide grounds for challenging the court's composition. This highlights the growing tension between the judiciary and the executive in Poland, reflecting broader issues of judicial independence and rule of law that have garnered international attention.
With the Supreme Court's response yet to come, this legal question may significantly impact the ongoing discourse regarding reforms in Poland's judicial system and shape future appointments and their accepted legitimacy. The ruling could also resonate beyond Poland, potentially influencing EU legal frameworks and principles regarding judicial appointments and independence in member states.