Friday, April 26, 2024

Poland: The dismissal of court presidents was unconstitutional

 Today, the National Council of the Judiciary received a decision of the Constitutional Tribunal examining the issue of dismissal of court presidents by the Minister of Justice. Adam Bodnar, disregarding the obligation to obtain opinions on individual court presidents from the National Council of the Judiciary, dismissed subsequent judges and "appointed" their successors .

The Tribunal prohibits Bodnar (as a safeguard, until the final judgment of the Constitutional Tribunal is issued) from dismissing presidents and vice-presidents of courts without the consent of the National Council of the Judiciary. This also means that the effects of the appointments are abolished - the presidents illegally dismissed by Bodnar are to return to work in the courts.

According to the judges of the Tribunal, the dismissal was carried out in an unconstitutional procedure, therefore the minister's decrees are ineffective.

- Based on reporting by Niezalezna.