This follows from a letter published on Monday 8.1.2024 on the authoritative website of the ultimate Administrative Court (NSA). It is simply a answer to an open letter addressed to the president of the NSA by the National Association of Administrative Courts (OSSSA).
Speech is another voice in the discussion on the position of the fresh National Judicial Council (neo-KRS) and the judges selected from its recommendation. The OSSSA Judges point out that European Courts point to the flaw in vocations. Therefore, they appealed to the president of the NSA not only to retreat announced and unfinished competitions for vacant judges and asesorian positions in provincial administrative courts, but besides not to announce fresh ones. The Association sees, above all, the request to halt appointing judges appointed at the request of the neo-KRS, as well as to exclude them from disciplinary draws and the alleged independency test.
However, in the opinion of the president of the NSA, he does not have the power to act towards failing to appoint judges from the neo-KRS. Especially if it could violate their independence.
As far as competitions are concerned, as the president of the NSA writes, the NRS is hosting them, and the provisions do not supply for “revocation of the notice”.
However, the answer shows that another issue is the anticipation and the intention of the KRS itself to suspend proceedings involving candidates for judges or asessors. In particular, in view of the request to implement the pilot judgement of the ECHR of 23.11.2023 in the case of Wałęsa v Poland and the call in the resolution of the Sejm of 20.12.2023 on the elimination of the effects of the constitutional crisis.
President Chlebny explains that erstwhile he was a associate of the National Court Register, he did not participate in its work due to doubts about the correctness of its judicial composition.
– For these reasons, I besides consider the need, after consulting the NSA College, to temporarily suspend fresh notices of vacant Asesor and Judges in provincial administrative courts," said the president of the NSA.
Although it does not cover that even the temporary fulfilment of this request will mean more work for the another judges and that it carries the hazard of slowing down the handling of citizens' affairs.
At the same time, the president of the NSA stresses that the administrative judiciary, thanks to its separation from the Ministry of Justice, has little affected the turbulence of the reforms of fresh years.
