Duda declined. The judges are going to court – Republic

President Andrzej Duda so far presented nominations 310 judges, he refused to ten. And it takes them afraid. Three of unauthorized announced what it will submit a complaint to the regional administrative court.

The court or mediation

In the mode of access to information the public wants to know, first, why the President refused to appoint them and, secondly, access to documents that are the basis for refusal.

– It is very good that they are fighting for their – says the judge Irena Kaminska, president of the Association of Judges Themis. I explained that the constitution provides access to public offices; If a citizen for some reason has this access closed, the rule of law, both he and the public needs to know why this is happening.

The same view is shared by the judge Krystian Markiewicz, president of the Association of Polish Judges Justice . He claims that by submitting a complaint to the Administrative Court, the judges proceed from the assumption that the decision to refuse the appointment is reasonable and justified, and not discretionary.

2 September, President will meet with the presidium of the National Council of the Judiciary – she learned to “Government” . judge Wieslaw Johann, presidential representative in the National Court, believes that manage to work out a compromise on the future.

– Under current law there is no procedure requiring the president justifying the decision to niepowołaniu judge. the meeting is a chance that they will be worked out the relationship between the president and KRS – says the judge Johann. I do not see the judges the possibility of legal action.

According to him, the refusal to appoint the president is not an administrative decision. Thus, the court did not have jurisdiction to hear it. Kind of as the general court, before which you must prove your claim.

But it was already

The decision Andrzej Duda is not the first. In 2007, the. President Lech Kaczynski refused to appoint nine judges. His decision is not justified. The judges filed a complaint to the regional administrative court for failure to act body. It found that the president does not act as a public authority, so that the WSA is not in the circumstances of this case in October 2012. The Supreme Administrative Court dismissed the cassation. – Position the political system the president leads to the conclusion that the appointment of staffing the judiciary is not an activity of public administration – decided. Therefore, the four judges unauthorized filed constitutional complaints.

No possibility to appeal against the decision of the President violates the constitutional right to court – wrote the judges to the Constitutional Court. This, however, discontinued the case.

Procedure Nominating

– The one judicial post shall be notified in several or even dozens of candidates.

– After accepting by the general assemblies of the courts of their candidates go to the National Council of the Judiciary.

– NCR appoints a team of three to five members, who on the basis of the documents submitted assesses the suitability of a candidate.

– the team usually indicates the best candidate, but sometimes presents a ranking list of candidates for the job.

– Then all the candidates presented to the plenary KRS and its members to vote elect individual candidates. The Council justified its decision taken in the resolution.

– The resolution of the candidate can be appealed to the Supreme Court.

– Chosen by KRS candidates go to the President with a request for the appointment to the office.