For several months now, there has been a paralysis in filling judicial assessor posts. This time, their career path is blocked by Prime Minister Donald Tusk, who neither signs the relevant decisions nor issues any formal refusal. The case concerning the Prime Minister’s inaction has already been brought before a court.
Until recently, media outlets sympathetic to the current government were focused on a ruling of the European Court of Human Rights (ECHR) concerning the case of four judicial assessors who, in 2008, were not appointed as judges by then-President Lech Kaczyński. The ECHR ruled in their favour. Experts and commentators already saw in that judgment a potential tool to challenge the current president and undermine his prerogatives regarding decisions related to the judiciary.
However, the issue has since faded from public attention, as a similar situation is now affecting judicial assessors. Their appointments are being blocked by Prime Minister Donald Tusk. The assessors received recommendations from the National Council of the Judiciary (KRS), and nomination requests were signed by successive presidents – Andrzej Duda and Karol Nawrocki. However, they cannot assume their positions due to the lack of the required countersignature from the Prime Minister.
Their judicial careers have been on hold for several months. Donald Tusk neither signs the decisions nor issues any formal refusal.
“Some of them last year asked the Chancellery of the Prime Minister about the lack of countersignature from the Prime Minister. The responses referred to the absence of any statutory deadline obliging the Prime Minister to grant such a countersignature, as well as to questions regarding the correctness of the then-National Council of the Judiciary (KRS),” one of the individuals awaiting the countersignature told Rzeczpospolita.
Prime Minister’s inaction. The case goes to court
One of the assessors awaiting the countersignature filed a complaint with the Voivodeship Administrative Court against the Prime Minister’s inaction. “He is requesting that the court oblige the Prime Minister to sign the nomination decision and declare that the authority’s inaction constituted a gross violation of the law,” the newspaper reported.
“By failing to grant the countersignature for such an extended period, the Prime Minister has нарушed the established division and balance of power between the executive and the judiciary,” the complainant stated.
He also added that the Prime Minister’s inaction has effectively led to the suspension of judicial assessor appointments, resulting in a reduction in the staffing of administrative courts. “Such actions go beyond the Prime Minister’s competences, as determining the number of judicial and assessor posts is an exclusive statutory power granted to the President of the Supreme Administrative Court,” the newspaper wrote. The Prime Minister’s Office rejected these allegations, arguing that the actions in question are not “an act of political opposition, but the fulfilment of an obligation to protect the values of the rule of law and the common good.”
“The Constitution of the Republic of Poland does not provide for situations in which granting a countersignature would be an obligation of the Prime Minister, nor does it set any specific deadline for making such a decision,” argues the Chancellery of the Prime Minister.
The Ombudsman for Human Rights has also been informed about the case and had previously intervened on the matter. At that time, the response stated that the Prime Minister’s passivity resulted from the defective status of the National Council of the Judiciary (KRS) and that no further clarification was pursued. The Ombudsman’s office is now analysing the legal aspects of the case but has not yet decided whether to join the proceedings before the Voivodeship Administrative Court.