RESOLUTION OF THE COUNCIL OF THE APPELLATE COURT IN KRAKÓW OF 26 NOVEMBER 2018

  1. The Council of the Appellate Court in Kraków is refraining from issuing an opinion on the candidates for taking up office of judge of the Appellate Court in Kraków until the CJEU takes a stance on the questions for preliminary rulings submitted, among others, by the Supreme Court in case III PO 7/18, by the ordinary courts and by the Supreme Administrative Court in case II GOK 2/18. In particular, the Council draws attention to:
  • doubts related to the selection of the members of the National Council of the Judiciary in 2018
  • the conduct of the members of that authority in the procedure of issuing opinions on candidates, manifested in the complete disregard of the results of the procedure of assemblies of judges in the ordinary courts issuing opinions on candidates and ignoring the actual competencies of the candidates.
  • Any participation in the procedure of issuing opinions on candidates who are to take up office in the Appellate Court in Kraków would be a legitimisation of activities that have the objective of depreciating the justice system.
  1. The Council of the Appellate Court in Kraków appeals to the President of the Appellate Court in Kraków not to present candidates to the National Council of the Judiciary for 1 vacant judicial office, as announced by the Minister of Justice on 12 July 2018 (Monitor Polski of 2018, item 713) in connection with the doubts mentioned above and in connection with the wording of Article 58, para. 2 and 4 of the Act on the system of ordinary courts.