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    Supreme Court and Constitution

    Controversies around yesterday’s verdict of the Supreme Court’s Labor Chamber continue. In its ruling, the Supreme Court recognized that the National Council of the Judiciary is not independent and impartial and, among others, and that the Supreme Court Disciplinary Board is not a court within the meaning of European Union law. According to Deputy Minister of Justice, Sebastian Kaleta, the Supreme Court’s judgment concerns an individual case, and its expanding interpretation is unconstitutional.

     ”I appeal once again not to manipulate the judgment of the Court of Justice of the European Union, considering its lack of significance in the scope of the judicial system in Poland, as well as yesterday’s judgment of the Supreme Court, as it was a judgment issued in an individual case, which is binding in this one single case. On the other hand, naturally, other courts in different configurations will speak on this matter. Finally, in my opinion, the Constitutional Tribunal should comment on this matter, as it has a very rich history, indicating certain competences relevant from the perspective of the Polish political system with regards to the organization of the judiciary in Poland. We are speaking about a key issue, resulting from the constitutional position of judges in Poland. The president has the prerogative to appoint judges in Poland and the Polish constitution resolves it in a clear manner”- says Sebastian Kaleta, Deputy Minister of Justice.
     

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