Glosa do postanowienia Naczelnego Sądu Administracyjnego z 27 stycznia 2020 r., sygn. akt I OSK 1917/18

• Authors: Dobrowolski Marek

Title variants

EN

Commentary to the decision of the Supreme Administrative Court of 27 January 2020, ref. No. I OSK 1917/18

• Languages of publication: PL EN

Abstracts

EN

With its decision ref. No. I OSK 1917/18, the Supreme Administrative Court dismissed the motion for exclusion of a judge on the basis of the defectiveness of the appointment of the “new” National Council of the Judiciary. The Court pointed out that the reasons for a motion are decided by the circumstances of a “speci c case”, and not its “general nature” and referred to the traditional, constitutionally justi ed signi cance of the President’s act of appointing a judge (a person authorized to adjudicate). An opposite decision would lead to far-reaching systemic consequences: (a) it would establish judicial oversight of the President’s discretio- nary acts, thus far inacceptable; (b) it would transfer the “burden of proof” (of a judge’s lack of impartiality) from the party requesting exclusion of a judge; (c) it would change the nature of the motion, which would become an instrument in the “battle” for the desired nominating procedure for a judge. Hence, it shall be stated that the formation of the system of the Na- tional Council of the Judiciary and the nominating procedure is of general nature and as a rule abstracts from the circumstances of a speci c case.

Keywords

EN

motion for exclusion of a judge; presidential act of appointing a judge; National Council of the Judiciary

• Publisher: Kancelaria Sejmu / Chancellery of the Sejm
• Journal: Przegląd Sejmowy
• Year: 2020
• Issue: 2(157)
• Pages: 190–200

Contributors

author

Dobrowolski Marek

• Dr hab. Marek Dobrowolski, Katolicki Uniwersytet Lubelski Jana Pawła II, sędzia Sądu Najwyższego, [e-mail], https://orcid.org/0000-0002-5201-6042

Identifiers

DOI

10.31268/PS.2020.26