Prime Minister Donald Tusk announced on the social platform "X" that he had decided to revoke his countersignature regarding the appointment of a ultimate Court judge. This decision responds to the complaint of the judges of the civilian Chamber of the SN, which one more time underlines the tensions connected with the independency of the Polish judiciary.
Political and legal background
Two judges of the civilian Chamber of the ultimate Court, Dariusz Zawitowski and Karol Weitz, on Friday, 6 September, challenged the decision of president Andrzej Duda to appoint the alleged "neosen" of Krzysztof Wesołowski as president of the assembly of judges of the civilian Chamber of the SN, to elect a fresh president of this Chamber. These complaints were submitted to the Provincial Administrative Court in Warsaw.
Controversy is growing, especially since Prime Minister Tusk admitted that the signing of the countersignature was the consequence of the mistake of an authoritative of the Chancellery of the Prime Minister, Minister Maciej Berk. The Prime Minister stressed that the substance was not an intentional political action, but a procedural omission.
The complexity of the neo-Judge case
The dispute around neo-Judges in Poland concerns judges appointed by the National Judicial Council (CRS) after reforms introduced by the Law and Justice Government (PiS). The improvement critics say that these nominations violate the principles of the independency of courts, which in turn leads to the questioning of decisions made by these persons under EU and Polish law.
In consequence to these allegations, Prime Minister Donald Tusk announced that he would not file a countersignature under president Duda's next decision to appoint the individual in charge of the ultimate Court Labour Chamber. Tusk called it an effort to "legalize the situation with neo-judges".
Reactions and case law
The Prime Minister's decision was met with a broad consequence from the legal and public community. Judges Zawitowski and Weitz stressed that the appointment of Wesołowski was illegal, which is simply a violation of the rule of the legality of the activities of state authorities.
On the another hand, defenders of the improvement of the judiciary, including representatives of the ruling camp, argue that the actions of Prime Minister Tusk represent only another step in the effort to destabilise the Polish justice system.
What's next?
The current legal situation in Poland raises many questions about the future of justice and the function of "neasures". The effects of the Prime Minister's repeal of the countersignature may have far-reaching consequences not only for the functioning of the ultimate Court, but besides for the relation between executive and judicial authorities.
In the coming weeks, further action by judges and politicians is expected to influence the form of the Polish judicial system. The case-law of the Provincial Administrative Court will be crucial in determining whether the Prime Minister's actions were lawful or constitute precedents in the fight for the independency of the courts in Poland.
Summary
The issue of the repeal of the countersignature by Prime Minister Donald Tusk highlights the increasing tensions in the Polish legal and political system. Given the uncertainty about the future of justice, it is crucial that the decisions made by key players are consistent with the constitution and values of democracy. Final decisions in this case will have a crucial impact on the form of the Polish legal strategy in the coming years.
Daniel Głogowski
Expert in his field – Publicist, author and social activist. The first articles were published in 1999 for global publishers. For more than 30 years, he has gained his experience through cooperation with the largest editorial offices. In his articles, he seeks to address controversial topics and present first viewpoints that allowed for a deeper knowing of the issues discussed.
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Tusk repeals his countersignate given to the neojudge
