Judge Krystian Markiewicz, who ruled in the district court in Katowice, at the same time the President of the Association of Polish Judges Iustitia, asked the TSUE about the legality of the selection of judges to the general courts by the politicized National Judicial Council. About 1000 Judges.
The selection of members of the National Court Register raises disputes among constitutionalists, because it is not precisely defined in the Basic Act. It's just that it's a choice.
fifteen members of the Supreme Court judges, general courts, administrative courts and military courts, are made by the judges themselves, while the current Sejm, based on a linguistic interpretation Article 187 The Constitution, he felt that it could be done by the government, and in fact he made the choice.
The election by the Sejm does not necessarily mean the lack of independence and independence of the National Judicial Council, but the choice by the Council of General Judges may already indicate these shortcomings.
The Association of Polish Judges Iustitia argues that the current KRS selection mode breaks Article 173. The Constitution, which states that "The courts and the courts are a separate and independent authority from other authorities".
The document sent to the TEU states: "The current KRS elected contrary to the Polish constitutional and legislative provisions is not an independent body and does not include representatives of the judicial community appointed in it independently of the executive and legislative authority (...)".
Furthermore, President Iustici points out that the National Judicial Council acts without the opinion of the legal community. This was the election of Judge Agnieszka Zachariasz-Kawaler, who competed in the district court competition and received a positive recommendation from the new KRS.
However, she did not have the recommendation of the Katowice judges, which is, according to the Association of Polish Judges, necessary for the examination of the candidacy.
Judge Krystian Markiewicz Iustitia also sent an urgent request to the TEU.