Małgorzata Manowska, the current president of Poland's (called by opponents a "neo-judge") has lost a key battle in the ongoing constitutional crisis.
Poland's Senate has not agreed to her request to dismiss judges of the Supreme Court who refuse to adjudicate cases with "neo-judges" appointed by the "neo-KRS" - the incarnation of the National Judicial Council following the 2018 Act of the previous government, an act disputed by the majority of lawyers and which intensified the constitutional crisis.
The controversial 2018 Act has led to the nomination of a generation of judges whose legitimacy is questioned, in turn leading to the questioning of court decisions. As the law office Widack, Widacka and Podselik explains to its clients (who frequently ask the office about the impact of "neo-judges" on their cases):
"Although the concept of "neo-judges" has permanently entered the vocabulary of our political and legal life, our clients continue to ask what the influence of "neo-judges" is on their cases...
What do the terms "neo-judge" and "neo-KRS" [i.e. the "neo-National-Judicial-Council"] mean?
A "neo-judge" is a person nominated to a judicial position by the President of Poland at the request of the National Judicial Council pursuant to the provisions of the 8 December 2018 Act on the Change of Law on the National Judiciary Council and other acts. The manner in which the law governing the KRS was amended is deemed improper by the overwhelming majority of legal experts, so the resulting council was not properly constituted and has been dubbed the "neo-KRS".
What are the effects of the public office of a "neo-judge"?
These effects have been presented by the Supreme in its Resolution (1) of 23 January 2020. They are different for ordinary judges and judges of the Supreme Court.
If a "neo-judge" has been nominated to office in the Supreme Court, they should be immediately prevented from adjudicating because the manner of their nomination does not ensure the appropriate standard of impartiality and independence."
Sources: Rzeczpospolita, wwpkancelaria.pl, oko.press
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