Chapter Two describes the unlawful dismissal of court presidents by the Ministers of Justice after December 13, 2023. The author points to deliberate personnel manipulations and the disregard for the statutory requirement to obtain both the opinions of court boards and the consent of the National Council of the Judiciary (KRS).
In response to these actions, the Constitutional Tribunal (case K 2/24) ruled these practices unconstitutional. As a result of the ruling, no legal procedure currently exists to dismiss a court president without their consent. The author advocates for declaring the completed dismissals legally ineffective and reinstating the judges to their positions. However, to protect legal certainty, administrative and personnel decisions made by the newly appointed presidents should remain in force.
In the conclusion, the author calls for an urgent statutory amendment and the implementation of the Tribunal's ruling. New regulations must guarantee the real participation of the KRS in the process and permanently block the executive branch from arbitrarily interfering in court leadership.
PhD in Law. A judge serving since 2003 in Warsaw’s commercial courts, currently in the bankruptcy and reorganization division. President of the Main Board of the Lawyers for Poland Association. Prior to 2015, president of the Warsaw branch, vice president of the main board of directors and chairman of the international team of the Polish Judges Association “Iustitia.” From 2015 to 2019, Undersecretary of State at the Ministry of Justice, overseeing departments responsible for human resources; organization and administrative oversight of the common court system; civil law legislation; international cooperation; strategy; and European Union funds. Lecturer at the National School of the Judiciary and Public Prosecution, War Studies University, and Collegium Intermarium. Participant and speaker at more than a dozen national seminars and several dozen international ones on civil procedure, and in particular on proceedings in commercial cases, the organization and systemic reforms of the judiciary, antitrust law, telecommunications law, and trademarks and utility models. Author of several dozen scholarly publications (case notes, articles, a commentary on special proceedings in the Code of Civil Procedure–co-author) and journalistic publications, primarily in the area of civil procedure and the organization and reform of the judiciary.

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