Projekt stanowiska Sejmu w sprawie wniosku Prezydenta RP (sygn. akt K 7/10), dotyczącego ustawy z dnia 19 grudnia 2008 r. o zmianie ustawy– Prawo(...)
Draft position of the Sejm on the application by the President of the Republic of Poland on the Act of 19 December 2008 Amending the Law on the (...)

Summary/Abstract: The subject matter of the case heard by the Constitutional Tribunal upon Polish President’s proposal refers to lifting the institution of so the called ‘lateral move for judges and prosecutors’. Lateral move was introduced by the Act of 29 June 2007 Amending the Law on the Organisation of Common Courts Act, enabling additional positions for judges and prosecutors. The Act of 19 December 2008 Amending the Law on the Organisation of Common Courts Act and certain other Acts has lifted lateral move for judges and prosecutors, resulting in their return to previous positions while retaining the current remuneration. The complainant raised the objections that provisions lifting the lateral move infringe Article 2 (principle of protection of acquired rights), Article 178(2) (principle of adequate remuneration), Article 179 (principle of appointing judges by the President) and Article 180(2) (principle of determining the admissibility prerequisites for judge transfer) of the Constitution. The Sejm disagrees with complainant’s objections deeming the questioned Articles constitutional.

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