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Ustawa o Krajowej radzie Sądownictwa w kontekście orzecznictwa Sądu najwyższego Izby Pracy Ubezpieczeń Społecznych i Spraw Publicznych

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Sułkowski J.

Przegląd Sejmowy

2012

issue 4(111)

119-142

The need to pass a new Act on the National Council of the Judiciary became apparent after the Constitutional Tribunal’s judgment of 19 November 2009 (ref. no. K 62/07), which ruled that leaving the proceedings before the National Council of the Judiciary (KRS) and the procedure for its functioning beyond the statutory regulation is unconstitutional . This judgment compelled the legislature to on the bill which was adopted on May 12, 2011. The author attempts to examine the extent to which the standards developed in the jurisprudence of the Supreme Court have been reflected in the Act. The article is based on the analysis of 114 decisions of the Supreme Court. Those decisions are thematically diverse, but can be classified according to their content. They cover the following issues: the formal requirements that appeals from the resolutions of KRS in individual cases must comply with, and the scope of cognition of the Supreme Court; criteria used by KRS for assessing candidates for the position of a judge, the relationship between KRS and the President of the Republic in the appointment procedure, retirement of judges on grounds health, consent to further holding of the position by a judge who has attained 65 years of age; procedural standards aaplied in KRS in individual cases. The overall assessment of the Supreme Court case law on matters related to KRS leads to several conclusions. First of all, the Court accentuated the significance of its own review for individual proceedings held before KRS, and rightly reduced strict formal requirements relating to the appeal. Similarly, one should assess the thoroughness with which the Court controlled the criteria of assement of the parties to the proceedings, used by KRS. Recognition is also deserved by consistency with which the Court challenged the conduct of the Council on matters concerning the health status of judges, when KRS adopted resolutions on the basis of judgments of ZUS (Social Insurance Institution) evaluating doctors, without sufficient examination of all the relevant circumstances. The course work on the draft Law on National Court can does not allow us to declare whether and to what extent the shape of the statutory solutions depend on the case law the Supreme Court. Such explanations are not included in the explanatory statement to the bill. Comparison of the text of the Act with the content of the Supreme Court’s judgments, however, suggests that its jurisprudence has had a significant impact on the provisions of the bill.

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1 Przegląd Sejmowy

1 Sułkowski J.

1 2012

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Ustawa o Krajowej radzie Sądownictwa w kontekście orzecznictwa Sądu najwyższego Izby Pracy Ubezpieczeń Społecznych i Spraw Publicznych