Duda will apply to Tusk for another countersignate to SN. The candidate for this rem is not a neojudge

In the Polish legal system, judges' nominations and the administration of the ultimate Court became key subjects, especially in the context of the actions of president Andrzej Duda and the reaction of Prime Minister Donald Tusk. The ambiguities related to the countersignate of neo-Judge Krzysztof Wesołowski caused a wave of concern in the legal environment, especially in the context of the fresh government's promises to reconstruct the regulation of law.

Controversial countersignature of the Prime Minister

The problem began with the countersignature of Prime Minister Donald Tusk, which allowed the appointment of Krzysztof Wesołowski, a neo-judge appointed by the fresh National Judicial Council, to chair the assembly of judges of the civilian Chamber of the SN. This assembly was to elect candidates for the fresh president of this House. Tusk's decision was met with fierce criticism from legal groups who expected decisive steps to reconstruct the regulation of law standards. The Prime Minister rapidly acknowledged that there was an error, pointing to the mistake of an authoritative in the Chancellery of the Prime Minister – Minister Maciej Berk.

However, not all are inclined to believe in specified explanations. Both the President's Chancellery and the lawyers, including Prof. Włodzimierz Wróbel, justice of the ultimate Court, who stressed in his interview with RMF24 that: "If this were a mistake, then after an hr they would know that there had been a large mistake, for which they were sorry and will effort to rectify it."

Suspects of a political deal

There has been speculation that the Prime Minister's decision may be part of a political agreement with president Duda. As part of this deal, the president would agree to the appointment of Piotr Serafin to the position of Polish Commissioner in the European Commission. specified theories exacerbate tensions in relations between the government and the President, especially in the context of judicial nominations, which are crucial for the future of the Polish judiciary.

The word of office of president Piotr Prusinowski is coming to an end

But confusion around the ultimate Court is not limited to the civilian Chamber. Soon, on 2 September, the word of office of Piotr Prusinowski, president of the Labour and Social Insurance Chamber, the last justice elected by the KRS, who acted before reforms carried out by the Law and Justice Government. Prusinowski, despite the end of his term, did not convene a assembly of judges who could appoint candidates for his successor. In an interview with the “Rzeczpospolita” he explained that: “In February 2024, the Assembly of Labour Chamber Judges adopted a resolution to postpone the assembly without hold until the changes restoring the regulation of law to the SN were introduced”.

In the meantime, in accordance with the applicable law, from 3 September the duties of the president are passed on to the oldest position of the Chair of the Department, which in this case means that the fresh acting president may be justice David Miasik. However, according to unofficial information, president Andrzej Duda can exercise the powers conferred on him under the revised ultimate Court Act and appoint the acting president on his own initiative, which requires a countersignate of the Prime Minister.

Who can replace Piotr Prusinowski?

There have been speculations in the legal circles that the presidential candidate for the fresh president of the Chamber of Labour and Social Insurance may be justice Zbigniew Korzenowski. Korzenowski, called to SN by the KRS, is seen as a legal judge. He had previously been on the front of the media, erstwhile in November 2023, ruling alone in the illegal Chamber of Professional Responsibility, however, he refused to waive the immunity of neo-judge Maciej Nawacki.

In his ruling, justice Korzenowski stressed that the liquidated Disciplinary Chamber, created by the Law and Justices, was a legal court, and that the rulings of the European Courts which challenged its position were issued outside their competence. The reason was that the cases of the judiciary were covered by national competences which were not transferred to the European Union in the Accession Treaty. Korzenowski was besides 1 of six judges who submitted separate sentences to the landmark resolution of the joint ultimate Court Chambers of 23 January 2020 concerning the position of alleged neo-judges. This resolution removed the right to justice the persons appointed to the office of justice of the SN at the request of the neoKRS formed in accordance with the provisions of the Act of 8 December 2017.