"Bad whispers"
During the announcement of the decision, president Karol Nawrocki pointed out that his actions were based on the ruling of the Constitutional Court of 2012, which grants the head of state the right to refuse the appointment of a judge. He stated that he was exercising this power, refusing to nominate 46 judges and stopping promotions for those who, according to him, undermine the constitutional-law order of the Republic.
Nawrocki explained that the decision besides concerns judges who, as he stated, are subject to the influence of Minister of Justice Waldemar Żurek, encouraging the question of the prerogatives of the president under the Constitution. He stressed that his actions were circumstantial administrative decisions, not just announcements.
The president besides announced that his position would apply throughout the term. He pointed out that in the next 5 years, no judge, who, in his opinion, challenged the constitutional powers of the President, the Constitution or the Polish legal system, would be nominated or promoted.
List of Judges
Onet's portal revealed a list of 46 judges whose promotion was blocked by president Karol Nawrocki on Thursday. It mainly included a group of young judges from regional courts, the lowest level of the judiciary. According to the portal, 38 of them were to be nominated for territory courts, and any had already held duties at this level within the framework of temporary delegations which the presidential decision was only to formally approve.
According to Onetu's findings, all these nominations were sent to the President's Chancellery even during Andrzej Duda's word of office, and any of them were waiting for consideration even for 4 years. The portal indicates that Nawrocki's decision was aimed primarily at young judges who had previously signed letters concerning the situation in the judiciary. This was peculiarly actual of the 2021 initiative, erstwhile around 4 1000 judges called on the Law and Justice Government to respect the decisions of the Court of Justice of the European Union challenging the improvement of the judiciary by Zbigniew Ziobra.
Among the solutions disputed by the TEU was the Disciplinary Board of the ultimate Court, recognised by the EU Court as a political body. The Chamber had extended competence in proceedings against judges, and its composition was mostly formed by erstwhile prosecutors associated with the Ziobra Ministry, whose salaries were about 40 percent higher than in another ultimate Court chambers.
Political scene divided as usual
The President's decision was met with both criticism and approval from politicians. She was negatively assessed by Krzysztof Śmiszek. The politician emphasized that the actions of Karol Nawrocki hit the safety of the country and the Polish justice system. He pointed out that refusal to nominate judges for higher positions in practice limits citizens' right to access to court.
In turn, Tomasz Grodzki, Senator KO, straight accuses Nawrocki of destroying the legal system:
Refuse of officer promotions, now refusal to curse 46 judges. possibly it's time for them to be presidents – besides those who sometimes function with the opposition government (maybe too Duda) explained to Mr Nawrock what it is to be president alternatively than destroyer.
On the another hand, PiS MP Krzysztof Szczucki emphasizes that the president of Poland is full exercising his constitutional powers and is not obliged to justify his decision.
Also, Janusz Kowalski of the Law and Justice does not support his approval:
Respect for the President, who, standing in charge of the Constitution of the Republic of Poland, blocks the appointments of politicians in toga which undermine the legal order. In precisely 2 years' time, the fresh word of office of the Sejm will begin and there will be a government that will reconstruct order to justice.
