The KRS sues the Tribunal over the provisions of the law on the KRS. It's about the election of a new Council
The KRS has filed a complaint to the Tribunal concerning provisions of the law that relate to the election process for its new members.
The Krajowa Rada Sądownictwa (KRS), Poland's National Judiciary Council, has submitted a complaint to the Constitutional Tribunal regarding specific provisions of the law that govern its election process. The legal challenge focuses on articles that stipulate the procedure for verifying the status of judges who support the nomination of candidates for the KRS. According to the contentious regulations, the speaker of the Sejm must seek confirmation from the Minister of Justice regarding the judicial status of these supporting judges within a limited timeframe.
If the Minister of Justice fails to confirm the status within three days, the speaker is obliged to reject the candidate's nomination. This legal stipulation raises questions about the balance of powers and judicial independence, as it places significant power in the hands of the executive, particularly concerning the appointment of judicial representatives. Furthermore, the regulations stipulate a process for appeal to the Supreme Court, which must also make a determination within three days or else the decision becomes definitive.
This situation underscores the ongoing tensions in Poland regarding judicial reforms and the independence of the judiciary. Critics argue that such legal constraints can hinder the democratic process of electing representatives in judicial councils, and they may also lead to ongoing legal disputes that could further complicate the governance of Poland’s judiciary at a time of heightened political sensitivity.