On Wednesday evening, the Polish Parliament adopted a resolution stating that three previous resolutions from 2018, 2021, and 2022 concerning the election of judges as members of the National Judiciary Council violated the Polish Constitution in a flagrant manner. The Parliament called on judges elected to the Council contrary to the Constitution to cease their activities within the Council.
The resolution was supported by 239 MPs, with 169 against. There were 52 MPs who abstained from the vote, including 40 MPs from the Law and Justice Party (PiS).
The resolution pertained to changes made in the National Judiciary Council Act from December 2017, which altered the method of electing judge-members of the Council. Instead of the judiciary community, it was now for the Parliament to select the 15 judge-members of the Council.
It was emphasized in the resolution that the main role of the National Judiciary Council is to ensure the independence of the courts and judges, as established in the Polish Constitution. This task can only be effectively accomplished when the National Judiciary Council operates as an autonomous and independent body, free from other authorities.
The resolution pointed out that guarantees of this independence are specified in the Polish Constitution. The composition of the National Judiciary Council is regulated in Articles 186, Paragraphs 1 and 3, and Article 187, Paragraph 1 of the Constitution. Specifically, representatives of various judicial environments should form a significant part of the Council’s structure, and their election should be conducted by the judiciary community itself, without interference from legislative and executive authorities.
The parliament declared in the resolution that three earlier resolutions concerning the election of judge-members of the National Judiciary Council, passed in March 2018, May 2021, and May 2022, have flagrantly violated the Polish Constitution.
As a result, the composition of the National Judiciary Council was formed contrary to the Polish Constitution, the Treaty on European Union, and the Convention for the Protection of Human Rights and Fundamental Freedoms. Consequently, the Council lost its capacity to fulfill its constitutional functions, including supervision over the independence of the courts and judges.
The Parliament calls on members of the National Judiciary Council, elected contrary to the Constitution, to immediately cease their activities within the Council, as their presence undermines the constitutional order of the Republic of Poland.
The Polish Parliament commits to take actions to restore legal compliance with constitutional norms and international standards. It also calls on public authorities, particularly the President of the Republic of Poland, to immediately undertake measures aimed at restoring the National Judiciary Council to its constitutional position and functions defined in the Polish Constitution, which is crucial for a democratic constitutional state.
