Zgodność z Konstytucją RP nowelizacji ustawowych i rozporządzeń Ministra Sprawiedliwości jako nadzorcy wymiaru sprawiedliwości
Compliance of legal amendments and the regulations of the minister of justice who acts as a supervisor of the justice system with the constitution of the Republic of Poland

Summary/Abstract: The article concerns the dilemmas of the judiciary arising under the amendments of the Act on Common Courts, which became the basis for legislative intervention of the Minister of Justice in the existence, stricture and jurisdiction of the courts. The by issuing such regulations interference with the principle of non-transfer ability of judges that conditions their independence. The National Judicial Council has challenged the constitutionality of that amendment and intends to challenge the implementing regulations as well. The Author considers the second element a bit risky and advises sticking to the appropriate order of the Tribunal ruling. The first Tribunal’s decision in that case has been highly detrimental to the judiciary. However. the problem does not seem to be solved as there are still doubts concerning this decisions. The Supreme Court addressed a question of law to the Constitutional Tribunal concerning the legality of the transfers of judges pointing out that the Tribunal has clearly stated that the ministerial acts do not affect the court system (and only a change in the court system allows the official transfer of judges).

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