On 15 January 2024, the Minister of Justice Adam Bodnar filed an application to the Board of the Court of Appeals in Poznań, pursuant to Article 27 of the Act of 27 July 2001 Law on the Organization of Common Courts (Journal of Laws of 2023, item 217, as amended) requesting an opinion on the dismissal of the President of that court, judge Mateusz Bartoszek, and the Vice-Presidents – judges Przemysław Radzik and Sylwia Dembska [1]. At the same time, the Minister decided to exercise the powers referred to in Article 27 § 3 of the Law on the Organization of Common Courts, i.e., to suspend all the above-mentioned judges in their functions. Pursuant to the above mentioned Article 27, the dismissal of the president or vice-president of a court takes place after consulting the Board of the appropriate court. The minister may perform the dismissal if the Board issues an approving opinion or if fails to opine within 30 days. However, if the Board issues a disapproving opinion, then, in order to effectuate the dismissal anyway, the Minister of Justice must petition the National Council for the Judiciary for such dismissal, with a written justification.
However, the Ministry of Justice announced on 16 January 2024, that it had received a positive opinion from the Board of the Court of Appeals in Poznań, [2] and therefore on 19 January it announced the ‘final dismissal’ of the president and vice-presidents effective from 18 January 2024 [3].
Simultaneously, on 17 January 2024, the Presidium of the National Council for the Judiciary issued a formal statement [4] that the opinion of the Board of the Appellate Court in Poznań had been issued in a defective manner – namely, a judge performing the duties of the suspended president of the court Board participated in the vote, whereas the provisions of the Law on the Organization of Common Courts exclude such a possibility. Since, two out of three of the “legitimate” members of the Board of the Court of Appeals in Poznań voting on the motion, i.e., the presidents of the district courts from the area of jurisdiction of the court of appeal, sitting on the Board pursuant to Art. 28 § 1 of the Law on the organization of common courts voted in favor of a disapproving opinion on the motion and only one in favor of an approval [5], and bearing in mind that the resolutions of the Board are adopted by a majority of votes (Art. 28 § 4 of the Law on the Organization of Common Courts), it must be concluded that the college issued a disapproving opinion (if the judge performing the duties of the court president were to be considered as a voting member of the college, the number of votes for and against would be equal, and in such situation the chairman’s vote would be decisive).
In view of this, the Presidium of the NCJ called on the competent authorities of the Court of Appeals in Poznań to conduct the meeting of the Board again, and in a manner abiding by the law, and on the Minister of Justice to ask the Board to opine again, this time in the correct manner, on his motions to dismiss the President of the Court of Appeal in Poznań and the Vice-Presidents of that court.
Simultaneously, on 18 January 2024, the Minister of Justice petitioned the Board of the Court of Appeal in Warsaw to dismiss Judge Piotr Schab from the position of President of that court, while also suspending him in that function [6]. However, on the very same day, the Board of the court unanimously expressed a disapproving opinion to this motion [7].
Another case concerns the procedure for the dismissal of Judge Stanislaw Olchowy from the position of President of the Radom District Court [8]. In a decision of 30 October 2023, judge Stanislaw Olchowy was appointed President of the court effective from 19 December 2023. However, on 29 December 2023, he was subsequently handed a decision of the Minister of Justice, issued on 15 December 2023, revoking the appointment. The Presidium of the National Council for the Judiciary, on 19 January 2024, published a statement in which it said, referring to the general principles of public law and the case law of the Supreme Administrative Court, that the Minister’s decision could only have legal effects from the date of delivery. At the same time, it was pointed out that an effective amendment of the act of appointment of a judge to the position of the President of the Radom District Court by way of a unilateral decision, was only possible prior to the new president taking office. From that moment on, the removal of the president of the court could only be accomplished in accordance with the procedure set out in Article 27 of the Law on the Organization of Common Courts, i.e., after requesting the opinion of the Board of the appropriate court, which did not occur in this case.
In connection with the above-mentioned cases, the association ‘Lawyers for Poland’ (‘Prawnicy dla Polski’) also issued an appeal to the Minister of Justice to come to his senses and desist from further unlawful actions [9].
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[1] The Ministry of Justice initiates the procedure for the dismissal of the president and two vice-presidents of the Court of Appeals in Poznań from their positions and their suspension in their duties from today (15.01.2024); https://www.gov.pl/web/sprawiedliwosc/ministerstwo-sprawiedliwosci-wszczyna-procedure-odwolania-ze-stanowisk-prezesa-i-dwoch-wiceprezesow-sadu-apelacyjnego-w-poznaniu-oraz-ich-zawieszeniu-od-dzisiaj-15012024-r-w-pelnieniu-czynnosci; accessed 22.01.2024.
[2] Mateusz Bartoszek, the President of the Court of Appeals in Poznań and the vice-presidents Sylwia Dembska and Przemysław Radzik will be dismissed. The motion of the Minister of Justice in this case was positively opined by the Court of Appeals Board on 16.01.2024, https://www.gov.pl/web/sprawiedliwosc/prezes-sadu-apelacyjnego-w-poznaniu-mateusz-bartoszek-oraz-wiceprezesi-sylwia-dembska-i-przemyslaw-radzik-zostana-odwolani-wniosek-ministra-sprawiedliwosci-w-tej-sprawie-pozytywnie-zaopiniowalo-kolegium-sa; accessed 22.01.2024.
[3] The President and vice-presidents of the Appellate Court in Poznań dismissed 19.01.2024, https://www.gov.pl/web/sprawiedliwosc/prezes-i-wiceprezesi-sadu-apelacyjnego-w-poznaniu-odwolani; accessed 22.01.2024.
[4] Statement of the Presidium of the National Council for the Judiciary of 17 January 2024 on the unlawful meeting of the Board of the Court of Appeal in Poznań on 15 and 16 January 2024. 17.01.2024, https://krs.pl/pl/aktualnosci/2352-stanowisko-prezydium-krajowej-rady-sadownictwa-z-dnia-17-stycznia-2024-r-w-sprawie-sprzecznego-z-przepisami-prawa-posiedzenia-kolegium-sadu-apelacyjnego-w-poznaniu-w-dniach-15-i-16-stycznia-2024-r.html; dostęp: 22.01.2024.
[5] Announcement of the association “Prawnicy dla Polski” on the unlawful suspension of the President and vice-presidents of the Appellate Court in Poznań by the Minister of Justice and the intention to dismiss them, 15.01.2024, https://prawnicydla.pl/aktualnosc/komunikat-stowarzyszenia-prawnicy-dla-polski-w-sprawie-bezprawnego-zawieszenia-przez-ministra-sprawiedliwosci-prezesa-i-wiceprezesow-sadu-apelacyjnego-w-poznaniu-oraz-zamiaru-i/, accessed 22.01.2024.
[6] The Ministry of Justice initiates the procedure to dismiss Judge Piotr Schab from the Position of President of the Court of Appeals in Warsaw. At the same time, Judge Schab is suspended as of today 18.01.2024, https://www.gov.pl/web/sprawiedliwosc/ministerstwo-sprawiedliwosci-wszczyna-procedure-odwolania-ze-stanowiska-prezesa-sadu-apelacyjnego-w-warszawie-sedziego-piotra-schaba-jednoczesnie-sedzia-schab-zostaje-od-dzisiaj-zawieszony-w-pelnieniu-czynnosci; accessed 22.01.2024.
[7] Announcement on the suspension of the President of the Court of Appeal in Warsaw, Arkadiusz Ziarko, Vice President of the Court of Appeals in Warsaw, 19.01.2024. https://waw.sa.gov.pl/komunikat-w-sprawie-zawieszenia-prezesa-sadu-apelacyjnego-w-warszawie,new,mg,264.html,682; accessed 22.01.2024.
[8] Statement of the Presidium of the National Council for the Judiciary of 19.01.2024 on the procedure of dismissal of the Judge of the District Court Stanisław Olchowy from the post of President of the District Court in Radom, 19.01.2024, https://krs.pl/pl/aktualnosci/2353-stanowisko-prezydium-krajowej-rady-sadownictwa-z-dnia-19-stycznia-2024-r-w-przedmiocie-trybu-odwolania-sso-stanislawa-olchowego-z-funkcji-prezesa-sadu-okregowego-w-radomiu.html, accessed 22.01.2024.
[9] Appeal of the association “Prawnicy dla Polski” to Adam Bodnar to come to his senses and desist from unlawful actions 19.01.2024, https://prawnicydla.pl/aktualnosc/apel-stowarzyszenia-prawnicy-dla-polski-do-adama-bodnara-o-opamietanie-i-zaniechanie-bezprawnych-dzialan/, accessed 22.01.2024.
