In August 2024, Prime Minister Donald Tusk, leader of the civilian Coalition, sparked immense controversy by signing president Andrzej Duda's decision to appoint the president of the Assembly of the ultimate Court civilian Chamber (SN). In doing so, he opened the way for the neojudge to be elected president of this chamber, which caused a wave of outrage in the legal environment.
Elections for president of the civilian Chamber SN: Controversy around neojudges
On 27 August 2024, president Duda's decision to appoint Krzysztof Andrzej Wesołowski, neojudge, was published in the Polish Monitor. It is this assembly that is to elect candidates for the fresh president of this Chamber. The word of office of the current president, Joanna Misztal-Konecka, ends in September 2024, and the provisions introduced by the Law and Justices require that at least 1 neojudge be among the 3 candidates for the position.
Legal judges, boycotting the assembly, have been effectively blocking the President’s election for months, not wanting to participate in a procedure that they believe will end up with the neojudge’s election anyway.
Donald Tusk's decision: Betrayal or pragmatism?
Prime Minister Donald Tusk's decision to countersign the President's decision triggered a storm in the judicial environment. justice Krystian Markiewicz, president of the Association of Polish Judges Iustitia, did not hide his disappointment: “The judges of the SN are devastated, stunned. They feel betrayed." Markevich accused Tusk that his signature "betones PiS-a pathology in SN" and alternatively of acting to reconstruct the regulation of law, prolongs the current system.
Political compromise: Tusk–Dud meeting?
In the context of the Prime Minister's countersignature there are speculations about possible political competitions. On 13 August, Prime Minister Tusk announced that the candidate of the government for EU Commissioner would be Piotr Serafin, acting as a permanent typical of the Polish Republic to the European Union. However, according to the alleged Competency Act, the Prime Minister needed the president's signature for his appointment. On 16 August, Andrzej Duda agreed to the candidacy of Seraphin, and the media reported a confidential gathering between the Prime Minister and the President.
Tusk's decision to countersignate can so be part of a broader political game in which the interests of the government and the president met in the name of pragmatism, though at the expense of the ideals of the regulation of law.
Voice of the judges: ‘This is not an accidental error’
Judge Włodzimierz Wróbel of the SN Criminal Chamber besides referred to the Prime Minister's decision, stressing that specified actions perpetuate the unconstitutional mechanisms of power in the judiciary. He recalled that akin maneuvers were utilized in the days of Prime Minister Mateusz Morawiecki, who without hesitation signed the decisions of president Duda. Sparrow expressed surprise that the current government, which declares the fight for the regulation of law, is working together to keep the control of neo-judges over key justice institutions.
What about the Labour and Social Insurance Board?
There are besides questions on the horizon about the future of the Labour and Social Insurance Association. This is the last chamber where there's no neo-judge in the position of president. The word of office of the current President, Piotr Prusinowski, ends on September 2, 2024, and legal judges, having a majority in the Labour Chamber, refused to convene the assembly until the regulation of law was restored.
If president Duda decides to appoint the interim president of this Chamber, he will request a re-signature of the Prime Minister. This means that the future of this part of the SN depends mostly on further action by the Government and Prime Minister Tusk.
Summary
Donald Tusk's decision to countersign president Duda's decision sparked strong emotions in the legal and political circles. any judges feel betrayed, fearing that the actions of the Prime Minister may hold the process of restoring the regulation of law in Poland. In turn, the political background of this decision suggests that Tusk may have been guided by pragmatism, trying to keep a balance in relations with the President. Regardless of motivation, his decision will have long-term consequences for the Polish judiciary.
Continued here:
Tusk deceived legal judges by giving the green light to elect a neojudge as president of the civilian Chamber of the SN
