Beata Najjar appointed as the Presa of the territory Court in Warsaw

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Minister of Justice, Adam Bodnar, appointed Beata Najjar as the fresh president of the Warsaw territory Court. He signed the decision on Tuesday, August 6, 2024. It is simply a crucial event due to the fact that the Warsaw court is the largest court in Poland and plays a key function in resolving the most crucial court cases in the country.

Who's Beata Najjar?

Beata Najjar will take the position of president from Wednesday. She was the only candidate proposed by the Assembly of Judges of the territory Court on 1 August and received broad support from the judges. Her nomination did not rise uncertainty with Minister Bodnar, especially as Najjar was active in defending the regulation of law in fresh years.

In the past, she served as vice president of this court and was 1 of the first cleanup victims made by Minister Zbigniew Ziobra. In 2017, together with another vice presidents, Ziobra was cancelled, which was the first specified resignation in Poland.

Najjar enjoys a good reputation among judges and finds neo-judges to be called flawed. He will replace the 1 dismissed by Minister Bodnar Joanna Przanowska-Tomaszek, who was known to block the return to the ruling of the judges Piotr Gąciarek and Igor Tulei.

Staff changes in Warsaw Courts

Minister Bodnar plans further nominations in the capital territory courts. In the territory Court for Warsaw-Mokotów there are 2 candidates for the fresh president, and in the territory Court for Warsaw-Żoliborz 1 candidate with large support from the judges.

The Judges' Assembly is yet to be held in the territory Court for Warsaw and in the territory Courts in Grodzisk Mazowiecki and Pruszkow, where staff changes are besides planned.

Przemyśl: Further staff changes

On 5 August 2024, the College of the Industrial territory Court agreed to dismiss the presidents from the appointment of Minister Ziobra. Minister Bodnar can now cancel:

Lucy Zygmunt, president of the Industrial territory Court, and Vice president Luke Rodatus.
Krzysztof Tryksza, president of the Industrial territory Court, and Vice president Mark Antas.
Jadwiga Gil-Pawlowska, president of the Jarosław territory Court, and Vice-President Agata Szykowny-Poliskiewicz.
Shelmed EvePresident of Lubaczów territory Court.
Thomas 1 and a Half., president of the territory Court of Przeworsk.

These amendments are a continuation of changes in the courts in Podkarpacie, where the management of the Appeals Court in Rzeszów and the territory and territory Court in Rzeszów, the territory Court in Krosno and respective regional courts have previously been dismissed.

New CEOs in Rzeszów and Krosno

The territory and territory Court in Rzeszów already have fresh presidents. The territory Court will be chaired by Marcin Świerk, actively active in defending the regulation of law. In the Appeal Court in Rzeszów, the successor of Rafał Puchalski will be elected in September by the Assembly of Judges.

At the territory Court in Krosno, a Assembly of Judges was held, which selected 2 candidates to be the fresh president: Arkadiusz Trojanowski, having a good opinion among the judges, and Leszek Grias, who received the support of the neo-judges.

Waiting for College Decisions

Minister Bodnar is inactive waiting for Kolegi's decisions on staff changes in the courts in Lębork, Żory and Malbork:

Katarzyna Wesołowska, president of the Lębork territory Court, and Vice president of Roman Płatek.
Caesary Podlasie, president of the territory Court of Żory.
Catherine Cloud, president of the Malbork territory Court, and Vice-President Agnieszka Czerwińska.

Staff changes in Lębork and Żory were postulated by the judges there.

Minister Adam Bodnar signed appointments for presidents in respective courts in Poland:

President of the Bedzin territory Court: Rafał Onbula.
President of Grodzisk Wielkopolski territory Court: Agnieszka Czechowska.
President of Dębica territory Court: Tomasz Kuczma.
President of Słupsk territory Court: Joanna Kończyk.
President of Toruń territory Court: Jędrzej Czerwiński.
President of the territory Court of Żagań: Jędrzej Kolczyński.
President of the territory Court in Piotrków Trybunalski: Marcin Oleśko.
President of the territory Court for Krakow-Krowodrzy: Paweł Piesakowski.
President of the territory Court in Wodzisław Śląski: Monika Zielińska.
President of the Opole territory Court: Magdalena Swist.
Vice president of Elbląg territory Court: Patrycja Wojewódka.

They have late resigned themselves:

President of the Industrial territory Court: Krzysztof Tryksza.
President of the territory Court of Kościen: Mariusz Przybylak.
Vice president of the territory Court in Wodzisław Śląski: Grzegorz Fidyka.

Previously, Minister Bodnar established:

Courts of Appeal

President of the Court of Appeal in Szczecin Maciej Żelazowski.
President of the Court of Appeals in Warsaw Dorothy Markiewicz. It replaced neojudge Peter Schab, known for pursuing independent judges. The Minister for Vice-President appointed Dorothy Tyrala, who had disciplinary staff for applying European law. Anna Michalik and Paulina Aslanowicz were besides vice presidents. They besides engaged in defending the regulation of law.
President of the Court of Appeal in Kraków Paul Rygel. He was active in defending the regulation of law. Tomasz Szymanski was late appointed Vice president here. In erstwhile years he was a deputy disciplinary spokesperson at the Krakow appeal court. But he refused to prosecute judges known for defending the regulation of law.
President of the Appeals Court in Poznań Karol Ratajczak.
President of the Court of Appeal in Lublin Jerzy Nawrocki, who engaged in the defence of the regulation of law. Barbara du Chateau, who has been active in defending the regulation of law in fresh years, became the vice president here. She was wanted for media coverage.
President of the Court of Appeal in Katowice Aleksandra Janas. It is 1 of the first repressed judges in Poland. She was even threatened with suspension for the fact that she and justice Irene Piotrowska executed the judgement of the TEU of November 2019. On the basis of it, they wanted to measure the position of the neo-KRS and the neo-Judge nominated by it. To this end, they asked a legal question to the SN. And for that they were given disciplinary action. Janas has been a spokesperson for the Katowice Court of Appeal so far. As president, she will replace the erstwhile Deputy Minister of Ziobra previously cancelled by the Minister of president Catherine Frydry. Robert Kirejew, Ewelina Kocurek-Grabowska and Małgorzata Wołczańska were Vice-Presidents of the Appeal Court in Katowice.

District Courts

President of the Lublin territory Court Dorothy Stańczyk.
President of the territory Court in Piotrków Trybunalski Urszula Sipińska-Sęk.
President of the Regional Court in Jelenia Góra Ryszard Sultanowski.
President of the Słupsk territory Court Agnieszka Niklas-Bibik. She was powerfully active in defending the regulation of law, for which she was repressed.
President of the Radom territory Court Michał Gałek.
President of the territory Court of Czestochowa Jarosław Pocha.
President of the Krakow territory Court Janusz Kałek. He was besides active in defending the regulation of law. His deputies were Katarzyna Serafin-Tabor, Marta Kowalska, Paweł Wicherek and Katarzyna Wierzbicka. The second for applying European law was criminally transferred to another department in court and was prosecuted disciplinaryly.
President of the territory Court of Bydgoszcz Maria Leszczyńska.
President of the Kielce territory Court Margaret Solecka.
President of the Łódź territory Court Marta Witoszynska.
President of the territory Court in Poznań Piotr Marciniak.
President of the Regional Court in Gorzów Wielkopolski Kamila Jarocki. He was wanted for a preliminary question to the TEU.
President of the territory Court in Gliwice Henryk Brzyżkiewicz.
President of the Toruń territory Court Wojciech Modrzyński.
President of the territory Court of Ostrołęka Grażyna Załęska-Bartkowiak.
President of the Olsztyn territory Court Rafał Jerka, who assisted justice Paweł Yushyn in his disputes with the president of the Olsztyn territory Court Maciej Nawacki. He was active in defending the regulation of law. He is the author of the historical appeal of Polish judges from 2021 to enforce the decisions of the TEU on the illegal Disciplinary Chamber. In 2023, then president of the territory Court Michael Lasota forced him to decision to another department. Dorota Lutostanska and Krystyna Skiepko were vice presidents here. Both engaged in the defence of the regulation of law and were prosecuted for it. Lutostanska had 1 of the first discipliners in Poland. She was wanted for wearing a T-shirt with the Constitution on it. Then she was forced to decision to another department in court. justice Skiepko was prosecuted with a group of judges from Olsztyn for asking legal questions to the SN about the position of neojudges. She was threatened with suspension.
President of the Elbląg territory Court of Mark Nawrocki, who was prosecuted for erstwhile power.
President of the territory Court of Łomża Wiesława Kozikowska.
President of the Warsaw-Prag territory Court Agnieszka Wojciechowska-Langa. Agnieszka Gradowska-Currency and Paulina Wawrzynkiewicz were vice presidents here.
President of the territory Court of Rybnik Edyta Pachla.
President of the territory Court in Włocławek Romuald Jankowski.
President of the Świdnica territory Court of Jack Szerer. In 2014, he became the European justice of the Year. He was president of this court a twelve years ago.
President of the territory Court of Białystok Wiesław Żywolewski.
President of Kalisz territory Court Margaret Pilarczyk.
President of the Opole territory Court Magdalena Swist.

New Presidents in territory Courts

President of the territory Court of Legnica Paweł Oborski.
President of the territory Court of Strzyżów Margaret Pirga.
President of the Belarusian territory Court Agnieszka Bajor.
President of the territory Court of Ostrov Mazowiecki Joanna Raducha-Modrzejewska.
President of the Radom territory Court Mark Miłosz.
President of the territory Court in Nowy Targ Tomasz Bigoszewski.
President of the territory Court of Pabianice Adrianna Coverage.
President of the territory Court of Grace Magdalena Socha.
President of the territory Court of Wieliczka Natasha Black.
President of the territory Court for Kraków-Śródmieście Łukasz Sajdak.
President of the territory Court for Kraków-Pogórze Cezary Czech-Śmiałkowski.
President of the territory Court for Bytov Vladimir Uchmanovich.
President of the territory Court of Kutno Szymon Kozłowski.
President of the territory Court for Kraków-New Huta Mariusz Sitka.
President of the Myślenice territory Court of Krzysztof Trojan.
President of the territory Court of Olsztyn Krzysztof Krygielski. His deputies were Paweł Yuszczyszyn and Catherine Zabuska.
President of the territory Court of Koszalin Marta Knotz, who engaged in the defence of the regulation of law.
President of the territory Court in Gorzów Wielkopolski, Baranska-Malusz Olympia. She's connected to Iustitia. She is 1 of the first repressed judges for erstwhile power. She had respective discipliners for the execution of ETPCz and TEU judgments, criticism of changes in courts and meetings with citizens. He will replace the erstwhile neo-KRS member, previously cancelled by the Minister of president Jarosław Dudzicz.
President of Bełchatów territory Court Sławomir Forenca.
President of the territory Court in Kozienice Krzysztof Piaseczny.
President of the territory Court in Poznań-New Town and Wilda Monika Frączkowiak. She was a associate of Austria, engaged in the defence of the regulation of law, for which she was repressed.
President of the Poznań-Grunwald territory Court and the Barrel of Robert Kubicki.
President of the territory Court of Pułtusek Marcin Korajczyk.
President of the territory Court of Bishop Catherine Wilchowska.
President of the territory Court of Świdnica SR Kamila Firko.
President of the territory Court in Ruda Śląska SR Jolanta Zarzycka.
President of the territory Court of Tarnobrzeg Edyta Kociubowska.
President of the territory Court of Koński Dorothy Kaniowska.
President of the territory Court of Gliwice Danuta Wocław-Klyta.
President of the territory Court of Tarnowskie Mountains of Adam Skowron.
President of the Miechów territory Court Artur Onderek.
President of the territory Court of Świnoujście Kamila Gajewska.
President of the territory Court of Łódź-Vidzew Marek Pietruszka.
President of Adam Kowalczyk territory Court.
President of the Izabela Ivanowska territory Court of Hungary.
President of the Elbląg territory Court Beata Banaszek-Piotrowska, who replaced the appealed neojudge Agnieszka Walkiak. The Vice-President was Patrycja Wojewódka, who has been active in the defence of the regulation of law in fresh years. For which she was bullied in court.
President of the territory Court of Rawa Mazowieckie Jarosław Janeczek.
President of the territory Court of Łódź-Śródmieście Bartosz Kosielski.
President of the territory Court in Białystok Tomasz Pannert.
President of the Sulęcin territory Court Joanna Górczak.
President of the territory Court in Rzeszów Lesław Zawada.
President of the territory Court in Bielsko Podlaski Jan Kapelka.
President of the Regional Court in Grodzisko Wielkopolski Agnieszka Czechowska.
President of the territory Court of Dębica Tomasz Kuczma.
President of the Słupsk territory Court Joanna Kończyk.
President of the territory Court of Toruń Jędrzej Czerwiński. In fresh years, he has been active in the defence of the regulation of law and is associated with Austria.
President of the territory Court of Żagna Jędrzej Kolczyński.
President of the territory Court in Piotrków Trybunalski Marcin Olesko.
President of the territory Court for Krakow-Krowodrzy Paweł Piesakowski.
President of the territory Court in Wodzisław Śląski Monika Zielińska.

Until now, Minister Bodnar has dismissed the Presidents of the courts and their deputies in 47 courts:

President of the Poznań Court of Appeal, neo-Judge Matthew Bartosz and vice-presidents of neo-Judge Przemysław Radzik and neo-Judge Sylvia Dembska,
President of the Court of Appeals in Krakow, neo-Judge Sigismund Drożdżejka and vice-president, neo-Judge Katarzyna Wysłońska-Walenciak,
President of the Kielce territory Court, neojudge Paul Stępnia,
President of the Poznań territory Court, neojudge Daniel Jurkiewicz and vice president Michael Inglot,
President of the Court of Appeal in Warsaw, neo-Judge Piotr Schab. At first, he did not accept Bodnar's decision. Eventually, however, on 22 March 2024 he left the President's office. Minister Bodnar besides dismissed Vice Presidents of this court, neo-judges Edyta Dzialinski and Agnieszka Stachniak-Rogalska. And the 3rd vice president, neo-judge Arkadiusz Ziarko, resigned himself,
President of the Olsztyn territory Court, neojudge Michał Lasota and his deputies, neojudges Tomasz Kosakowski and Marcin Czapski,
President of the territory Court of Olsztyn Maciej Nawacki and his deputies, neojudges Tomasz Koszewski and Adam Jaroczyński,
President of the Regional Court of the Bishop, neojudge Tomasz Turkowski,
President of the Krakow territory Court, neo-Judge Bartłomiej Migda and his deputies: neo-Judge Michał Puza, associate of the neo-KRS Irena Bochniak and neo-Judge Piotr Kowalski,
President of the territory Court for Krakow-New Huta, neojudge Maciej Pragłowski and vice president of this court, neojudge Łukasz Felisiak,
President of the territory Court for Krakow-Podgórze, neojudge Marcin Cichoński,
President of the territory Court for Krakow-Śródmieście, neojudge Piotr Skrzyszowski,
President of the Myślenice territory Court, neojudge of Margaret of Saints,
President of the territory Court of Wieliczka Ewa Motyczyńska-Pałys,
President of the Court of Appeal in Katowice Katarzyna Frydry, erstwhile Deputy Minister of Justice of the Law and Justice Government,
President of the Warsaw-Prag territory Court, neo-Judge Michael Bukiewicz and Vice president of Kinga Kubuj,
President of the Ostrołęka territory Court Jarosław Teklinski,
President of the territory Court in Gliwice, neo-judge Patrick Poniatowski and vice-president of neo-judge Wojciech Głowacki,
President of the Gliwice territory Court Joanna Zachorowska and 2 vice-presidents of that court, neojudge Anna Jaworska-Much (formerly asessor) and Barbara Klepacz,
President of the territory Court in Ruda Śląska Ewa Żarkiewicz-Marek and Vice president Adrian Klanek,
President of the territory Court of Rybnik Bartłomiej Witek and Vice Presidents of neo-Judge Paul Stępnia and neo-Judge Eve Janik,
Vice-President of the Poznań-Grunwald territory Court and Marek Jaskulski, associate of the neo-KRS,
President of the Gorzów Wielkopolski territory Court Anna Kuśnierz-Milczarek and Vice president of this court, neo-Judge Kinga Wochna,
President of the Regional Court in Gorzów Wielkopolski Jarosław Dudzicz and Vice president Dorothy Bobrowicz,
President of Elbląg territory Court, neojudge Agnieszka Walkiak,
President of the Sulęcin territory Court Ewa Kuś-Wasilewska,
President of the Toruń territory Court of Krzysztof Dąbkiewicz,
President of the Rzeszow territory Court, neojudge Waldemar Krok and vice president, neojudge Grzegorz Plis,
President of the territory Court in Rzeszów, neo-Judge Tomasz Berezowski,
President of the Bialystok territory Court, neojudge Ewa Kołodziej-Dubowska and vice president Dorothy Sosna,
President of the Bialystok territory Court, neo-Judge Paul Dziensus and Vice-President of Alina Kreiza-Alekseyuk,
President of the territory Court in Bielsko Podlaski Mirosław Mironiuk,
President of Dębica territory Court Katarzyna Radzik,
President of the territory Court in Piotrków Trybunalski Bartłomiej Szkudlarek,
President of the Koszalin territory Court, neojudge Justyna Celinska and Vice president Tomasz Krzemianowski,
President of the Appellate Court in Rzeszów, neo-Judge Rafał Puchalski and vice-president, neo-Joseph Pawłowski,
President of the territory Court of Konina, neojudge Michał Jankowski and vice-president, neojudge Kinga Śliwińska-Buśkiewicz,
President of the Słupsk territory Court Agnieszka Leszkiewicz and Vice president Ryszard Błencki,
President of the territory Court of Krosno, neojudge Grzegorz Furmankiewicz. He's a associate of the illegal neo-KRS. Vice-President Mariala Olszewska was besides recalled,
President of the territory Court of Brzozów Daniel Radwanski,
President of the Krosno territory Court Krzysztof Szmidt and Vice-President Ewelina Lis,
President of the Warsaw territory Court, neojudge Joanna Przanowska-Tomaszek and 4 vice presidents: neojudge Agnieszka Sidor-Leszczyńska, neojudge Radosław Lenarczyk, Patricia Czyżewska, neojudge Małgorzata Kanigowska-Wajs,
President of the territory Court for Warsaw-Żoliborz, neo-judge Anna Bajkowska-Jagodzińska and vice president Piotr Sysik
President of the territory Court for Warsaw-Mokotów, neojudge Joanna Pąsik and vice president, neojudge Stanisław Gradus-Wojciechowski,
President of the territory Court for the city of Warsaw, neo-judge Masymilian Wesołowski,
President of the Pruszków territory Court, neo-Judge Łukasz Kluska,
President of Grodzisk Mazowiecki territory Court, neojudge Iwona Strączyńska and vice president Radosław Kopcia.

41 people themselves resigned from occupying the post

President of the Poznań-New City territory Court and Wilda Michał Tasarek,
President of the Koszalin territory Court, neojudge Piotr Boguszewski,
Vice president of Elbląg territory Court, neojudge Anna Długaczyk,
President of Bełchatów territory Court, neojudge Robert Sobczak,
Chairman of the Lublin Court of Appeal, neojudge Jerzy Daniluk,
Vice president of the Lublin Court of Appeals, neojudge Piotr Czerski,
President of the Elbląg territory Court, neojudge Jacek Bryl,
Vice-President of the Elbląg territory Court, neojudge Katarzyna Jacewicz-Okuniewicz,
Vice president of the Warsaw-Prague territory Court Przemysław Chrzanowski,
President of Tarnowskie Góra territory Court Marcin Kulikowski,
President of the Poznań-Grunwald territory Court and Jeżyce Tomasz Sroka and Vice president of Sylwester Priest,
Vice president of the Kielce territory Court, neojudge Monika Wron,
Vice-President of the Gliwice territory Court Gabriela Sobczyk,
Vice president of the Court of Appeals in Warsaw, neojudge Arkadiusz Ziarko. He resigned late However, he helped Minister Bodnar to make staff changes in that court at a crucial minute erstwhile the rebel president of that court Peter Schab,
Vice president of the Legnica territory Court Paweł Oborski,
President of the Ropczyce territory Court Anna Sonia,
President of the territory Court of Bytowo Patrycja Bona,
President of the territory Court of Kraśnik Anna Plewa,
President of the territory Court of Żagań Michał Volowicz,
President of the territory Court for Łódź-Śródmieście Artur Wewióra,
Vice-President of the territory Court of Grace Magdalena Socha,
Vice president of the territory Court in Łódź Michał Krakowiak,
Vice president of the Bielsko Podlaski territory Court Marcin Mosiołek,
Vice president of the territory Court of Żory Miłosz Dubiel,
Vice president of the territory Court for Krakow-Śródmieście Grzegorz Kurczab,
Vice president of the Roman Sołtysek territory Court of Wadowice,
Vice president of the territory Court for Łódź-Śródmieście Janusz Pelczarski,
Vice-President of the territory Court of Łomża Wiesława Kozikowska,
Vice-President of the Bydgoszcz territory Court Sylwia Suska-Obidowska,
Vice-President of the Bydgoszcz territory Court Iwona Piekańska-Szymańska,
Vice president of the territory Court of Białystok Piotr Wypych,
Vice president of the territory Court in Rzeszów Wojciech Dudek,
President of the Poznań-Old City territory Court, neo-Judge Danuta Felińska-Żukowska (retired),
Vice-President of the territory Court in Piotrków Trybunalski Krystyna Gajdzińska-Modro,
President of the Łódź-Vidzew territory Court Marek Pietruszka,
President of Anna Kampa territory Court,
President of the territory Court of Kościen Mariusz Przybylak,
Vice president of the territory Court for Warsaw-Mokotów, neojudge Grzegorz Krysztofiuk,
Vice president of the territory Court for Warsaw-Mokotów, neojudge of Żaneta Seliga-Kaczmarek,
Vice president of the territory Court in Wodzisław Śląski Grzegorz Fidyka,
President of the Industrial territory Court Krzysztof Tryksz.

Until now, Minister Adam Bodnar has not obtained approval to dismiss management in respective territory and regional courts in Poland. The collegiate authorities have not supported the Minister's proposals for personnel change, which raises any controversy and questions about the future of justice in the country.

Refusal in territory Courts

Minister Bodnar met with the refusal to dismiss management in the territory courts in Bielsko-Biała and Sosnowiec. These decisions were taken by judicial colleges that have a decisive voice on specified matters. The deficiency of consent to changes in the management of these institutions may show strong opposition of the judiciary to the decision of the minister.

Refusals in territory Courts

The situation is akin in the case of regional courts. Minister Bodnar did not get approval to resign regional court presidents in Bartoszyce, Kętrzyn, Miechów, Chrzanów, Olkusz, Wadowice, Sucha Beskidzka, Lesko, and vice presidents from Myślenice. In Warsaw, applications were rejected for the president of the territory Court for Warsaw-Wola, Vice president of the territory Court and Vice president of the territory Court for Warsaw-Żoliborz.

Background of the decision

The decisions of judicial colleges are an crucial component in the justice system, which aims to guarantee the independency and stableness of the courts. These refusals can be interpreted as an expression of concern for preserving the autonomy of courts and opposition to possible changes that can be seen as politically motivated.

Controversy around appeals

Minister Bodnar, 1 of the key figures in the Polish judiciary, argued his conclusions with the request to improvement and improve the functioning of the courts. However, the deficiency of agreement from the colleges indicates deep-rooted differences of opinion about the direction and manner of these reforms.

The importance of decisions for the future of justice

These refusals may have long-term consequences for the justice strategy in Poland. They show that decision-making processes in courts are firmly embedded in the principles of collegiality and autonomy, which can be a crucial brake for fast and extremist change. In the long term, this may affect the stableness and independency of the judiciary, but at the same time hinder the implementation of reforms proposed by the ministry.

Summary

The deficiency of consent to appeal management in the territory courts in Bielsko-Biała and Sosnowiec, as well as in the regional courts in Bartoszyce, Kętrzyn, Miechów, Chrzanów, Olkusz, Wadowice, Sucha Beskidzka, Lesko, Myślenice and Warsaw, shows how complicated and full of tension is the process of managing the justice strategy in Poland. These decisions item the importance of collegiality in making key personnel decisions and the challenges facing Minister Bodnar in implementing their reforms.

Personnel changes in Polish courts, including appointments of fresh governors and resignations of neo-KRS members, are an crucial step towards restoring the regulation of law. fresh presidents, specified as Beata Najjar and Marcin Świerk, are known for defending the independency of the courts and criticism of “reforms” conducted by Ziobra. These changes symbolize the retreat from controversial practices and the quest to reconstruct assurance in the Polish judicial system.

How do we reconstruct the regulation of law?

In our opinion, solving the problem of neojudges, which would be without prejudice to any legal rules, would require zeroing out everything these judges have done. For applicable reasons, it is unacceptable.

If we are to decide individually about the position of neojudges, we are faced with a choice: we can either search the most (apparently) legal solution, which, however, will contain a hidden political decision, or we can adopt a solution openly violating the legal rules, but not concealing its political character.

And this choice, in itself, is simply a political choice.

We remind you that not only we and a large part of the legal community believe that neoKRS is an illegal institution. A akin view is given by justice Pszczółkowski, who, in a distant sentence, stated that the present KRS was not a body shaped as required by the Constitution.

Its arguments are based on the provisions concerning the composition of the National Court Board, in peculiar concerning Article 9a of the Act on the National Judicial Council. Changes in the membership of the KRS introduced in 2017 are contrary to Article 187(1) of the Constitution, according to justice Pszczółkowski.

The justice stresses that, in accordance with the Constitution, compliance with the requirements for the formation of the body, including the NRS, is simply a essential condition for that authority's ability to exercise its powers. In this context, it lists the anticipation of making applications to the Constitutional Court in cases relating to the independency of courts and the independency of judges.

This position is applicable for the assessment of the legitimacy of the National Court of Justice in proceedings before the Constitutional Court, especially in the context of budgetary issues and the freezing of judges' salaries. justice Pszczółkowski points out the importance of complying with constitutional standards in the formation of bodies which play a key function in the legal system, specified as the National Judicial Council.

"National Judicial Council in a composition formed pursuant to Article 9a of the Act of 12 May 2011 on the National Judicial Council (Journal of Laws of 2021 item 269, as amended; hereinafter: KRS Act) – added pursuant to Article 1 point 1 of the Act of 8 December 2017 on the amendment of the Act on the National Judicial Council and certain another laws (Journal of Laws of 2018 item 3; hereinafter: the Act of 2017) – is not a body shaped in the manner required by Article 187(1) of the Constitution," wrote a separate justice Piotr Pszczółkowski.

Further on, the TK justice explains why the current mechanics for shaping the composition of the KRS "shades the constitutional structure of this body".

‘This is for at least 2 reasons. Firstly, the legislator, by abandoning the established constitutional practice, entrusting the judges themselves with the election of judges – members of the National Court of Justice, and transferring this competence to the Sejm, granted this political authority a decisive influence on the cast of an excellent majority of the Council (i.e. the selection of 19 out of 25 members). Secondly, the legislator, erstwhile introducing a fresh mechanics for the selection of judges – the members of the NRS did not comply with the request that representatives of each group of judges of all types of courts mentioned in Article 187(1)(2) of the Constitution should be included in the Council,” states the separate sentence.

In the erstwhile period (i.e. from the establishment of the National Court registry in 1989 until the amendments were made in 2017), the selection procedure for the members of the Council was as follows: those elected from among the judges were selected by the judges themselves. More specifically, the 2 members of the National Judicial Board were elected by a general assembly of judges of the ultimate Court of that Court; 1 associate of the National Court of Justice was elected by a general assembly of judges of the ultimate Court of that Court of Justice; 2 members of the National Court of Justice were elected by a general assembly of judges of appeal courts of that court; and 9 members of the National Court of Justice were elected from among its members by meetings of representatives of general assemblies of judges in provincial courts. Additionally, 1 associate of the KRS was elected by the General Assembly of Military Court Judges from among the judges of those courts.

In the opinion of Piotr Pszczółkowski, the breach of the structural balance of the National Judicial Council resulting from the Constitution occurred erstwhile the legislature, by means of the 2017 Act, entrusted the Sejm with the power to elect 15 judges to be members of the National Court Register. According to the judge, the transfer of 19 people (including members of the CoR) from 25 seats in the Council to a single political authority made the bulk of the Council's composition dependent on the decision of the current parliamentary majority.

The Constitutional Court justice cites the judgments of the European Courts of Justice and Human Rights, which state that the National Judicial Council has lost the essential independency from political power and is incapable to make independent and nonsubjective selection of candidates for judges, nor to apply to the president of the Republic of Poland for the appointment of judges.

‘I believe that these reservations should be duly addressed besides to the ability of the Council to exercise another powers in the field of safeguarding the independency of courts and the independency of judges, including its usage to the Court of Justice with applications under Article 186(2) of the Constitution. I besides have the impression that the Constitutional Court has already seen the problem itself, refusing to mention to the case. K 12/18 examination of the legitimacy of the National Judicial Council to request only to confirm its own legal position. “” states the judge.

Piotr Pszczółkowski draws attention to the issue of representativeness of members of the National Court Register, which has been examined by the Constitutional Tribunal.

"The present model regulation makes the KRS, a body which, in accordance with Article 186 of the Constitution, is to uphold the independency of the courts and the independency of the judges, a body with much more crucial political support than the judge's."

The justice emphasises that, in accordance with Article 11a(2) of the Act on the National Judicial Council, entities specified as a group of at least 2 1000 citizens or twenty-five judges are entitled to apply for a candidate as a associate of the Council, excluding those who are at rest.

"There is now a request for very advanced political support in the selection of members of the CoR: Members who elect members of the Council (model 276, out of 460 Members), while requiring a very low minimum threshold of support for a associate of the Council expressed by the judiciary (only 25 judges of around 10,000 Judges). Similarly, the request for a candidate to be a associate of the Council to get the support of a minimum of 2,000 citizens of nearly 38 million people should be classified as a tiny representative," explains Piotr Pszczółkowski.

The justice recalls that the Constitutional Court, through its judgement in Case K 12/18 of 25 March 2019, decided to waive the constitutional review of Article 11a of the Act on the National Judicial Council, which gives emergence to a problem concerning the representativeness of the National Court of Justice and the procedures for collecting letters of support for candidates for that body. According to the judge, this decision was taken hastily and may lead to a misconception that the effect of the Constitutional Court ruling on the anticipation for politicians to elect members of the National Court of Justice means compliance with the Constitution besides in the remaining scope of the regulation on the selection of members of the National Court of Justice.

"A holistic knowing of the Constitution requires that, in order to effectively carry out the constitutional tasks of the National Courts: to diagnose the threats of the independency of courts and the independency of judges and to prevent specified threats, it is essential to have the legitimacy of a large part of the judicial community that can objectively measure the work and attitude of a candidate for a associate of the Council. The reason and experience of life propose that, in order to keep the constitutional balance of authorities, the participation and support of the judiciary community in the selection of members of a constitutional body to safeguard the independency of judges and the independency of courts should not be little than the participation and support of another authorities – those before which the KRS is tasked to safeguard the judiciary."

Thus, the justice of the Constitutional Tribunal confirmed our position regarding the deficiency of power to issue judgments by neo-Judges who usage an illegal body nomination.

The deficiency of power to give judgments by persons utilizing nominations issued on the basis of illegal competitions organised by a criminal body impersonating the KRS is besides justified in the case-law of the European Court of Human Rights (judgment of 22 July 2021 – complaint No 43447/19, Dolińska-Ficek and Ozimek against Poland of 8 November 2021 – complaint No 49868/19 and 57511/19, Advance Pharma sp. z o.o. v. Poland of 7 February 2022 — complaint No 1469/20, Broda and Bojar v. Poland of 29 June 2021 — complaint No 26691/18 and 27367/18, Grzępa v Poland of 15 March 2022 — Complaint No 43572/18, Wałęsa v Poland of 23 November 2023 — action No 50849/21), judgments of the Court of Justice of the European Union (of 19 November 2019 — Case AK of the combined actions C 585/18, C 624/18, C 625/18, judgement of the Grand Chamber of the Court of Justice of the European Union of 6 October 2021 in Case C-487/19), judgement of the Polish ultimate Court (judgment of 5 December 2019 III PO 7/18, OSNP 2020/4/38, order of the ultimate Court of 15 January 2020 III PO 8/18, OSNP 2020/10/114, resolution of the Joint Chambers of the ultimate Court of Justice of 23 January 2020 (BSA 1-4110-1/20) and judgement of the ultimate Administrative Court of 26 June 2019, Il GOK 2/18, judgement of 11 October 2021, Il GOK 9/18, judgement of Il GOK 10/18, Il GOK 11/18, Il GOK 11/18, Il GOK 12/18, Il GOK 12/18, Il GOK 13/18, Il GOK 21, Il GOK 20/18, Il 21).

We remind you that the case law issued by the neo-judges is repealed by law. In the case of civilian proceedings pursuant to Article 379(4) in fine k.p.c. and criminal proceedings pursuant to Article 439(1)(6) in fine k.p.k.

What is neo-KRS and neo-Judge

The National Judicial Council was elected in a manner incompatible with the Constitution of the Republic of Poland, which makes it impossible for the Court of Justice to recognise it in the light of the adopted line of the jurisprudence of the ultimate Court and the TEU as a body acting as acting and having the power to appoint judges. Any justice appointed by that unconstitutional authority and appointed by the president to execute is besides served by a noe-judge who has no legal capacity to issue judgment,

At this point it will be justified to rise that the problem of vocations of "judges" after the formation of the "National Judicial Council" as a consequence of changes in 2017 has respective aspects. The first is related to the provisions of the Constitution of the Republic of Poland, which impose on public authorities, including the legislator, the work of specified appointment of judges to judicial duties, which guarantees the essential minimum independency and independency of the bodies active in the nomination process. This body is the National Judicial Board. engagement in constitutional standards for shaping the judicial composition of this body, creating an chance for politicians to form the Council, i.e. the election of members of the judges of the Council in their entirety by parliament (excluding the 1st president of the SN and the president of the NSA), has caused this body to neglect to meet constitutional requirements. This makes in any event the appointment of a justice question arise, which accompanies any man who puts his case under the judgement of the court, whether this court is simply a constitutional court.

In addition, this is the second aspect – in the doctrine to which I have given my hand, and in the case-law, there has been a method of verifying the correctness of the appointment of judges based on tools that have been in the strategy since forever, but mostly not utilized to measure the fulfilment of minimum conditions of impartiality and independence. It is the institutions (in the case of preventive control) – iudex sspectus and iudex inhabilis, and in the case of follow-up control – the absolute appeal condition, which is the incorrect cast of the court. On this thought the position of the resolution of the 3 Joint Chambers of the ultimate Court of January 2020 was placed. The resolution contained not precisely the right differentiation: indicating that, in the case of an SN, due to the nature of that authority, judges appointed after a advice of the KRS formed after 2017, do not supply guarantees of independent and impartial ruling. For this reason, it was considered that only this organization flaw justifies the claim that specified judges are deprived of material votum. The resolution did not competition that these persons had obtained the position of SN judges, but it was found that they had no power to issue judgments.

The judgments of specified ‘judges’ so far have been affected by the defect, given the inadequate cast of the court, which should be regarded as a failure to fulfil the constitutional request of the competent court referred to in Article 45(1) of the Constitution of the Republic of Poland. Failed judges should not rule. From the date of the resolution, these judges shall be incapable to rule. They do not have a material votum, although they have the position of judges. In the light of the above, it should be considered that, pursuant to Article 91(2) and (3) of the jurisprudence of the Court of Justice of the European Union and of the ECHR, the rule of precedence of the application of the law

This is justified in the judgement of the Court of Justice of the European Union of 6 October 2021 in Case C-487/19, as well as in the erstwhile judgement of the European Court of Human Rights of 7 May 2021, action No 4907/18. I remind the hooded court that, in accordance with Article 9 of the Constitution, the Republic of Poland is obliged to respect its binding global law. In accordance with Article 91(2) of the Constitution, an global agreement ratified with the prior consent expressed in the Act shall take precedence over the law if that law cannot be reconciled with the agreement. The position of judges and the guarantees of the independency of courts, which constitute the essence of the right to a fair trial, are enshrined in the provisions of the European Convention for the Protection of Human Rights and are further confirmed in Article 6(3) of the Treaty on EU. In the present case, the judgement given on 7 October 2021 by the Constitutional Court in the present – defective – composition of the case in Case No. K 13/21, which reconciles the interests of citizens.

Our position on the neo-CRS and neo-Judges appointed by this unconstitutional body confirms the position of the European Commission, which decided on 15 February 2023 to mention Poland to the Court of Justice of the European Union in connection with the controversial ruling of the Polish Constitutional Court. The Commission opened infringement proceedings against Poland on 22 December 2021. – The reason was the judgments of the Polish Constitutional Court of 14 July 2021 and 7 October 2021, in which it declared the provisions of the EU treaties to be incompatible with the Constitution of the Republic of Poland, explicitly questioning the rule of primacy of EU law. Without doubt, in light of the content of the judgement of the Court of Justice of the European Union (Grand Chamber) of 19 November 2019 (Nos C 585/18, C-624/18, C 625/18) and the resolution of the full composition of the ultimate Court of 23 January 2020 (BSA I-4110-1/20), there is simply a basis for concluding that the institution designated to guarantee the regulation of law is breaking the law and commits the crime.

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Beata Najjar appointed as the Presa of the territory Court in Warsaw

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