W sprawie dopuszczalności ewentualnie braku dopuszczalności wycofania poparcia dla sędziego — kandydata zgłoszonego do Krajowej Rady Sadownictwa przez grupę co najmniej 25 sędziów albo grupę co najmniej 2000 obywateli (art. 11 a ust. 2 ustawy o KRS)
On admissibility or inadmissibility of withdrawing support for a judge – candidate proposed to the National Council of the Judiciary by a group of at least 25 judges or a group of at least 2,000 citizens (Article 11a para. 2 of the Act on the Nationa

Summary/Abstract: The Act on the National Council of the Judiciary establishes two collective subjects entitled tosubmit a candidature for its member, i.e. a group of at least (a) 2,000 Polish citizens, (b) 25 activejudges. Those two subjects are equal. An effective withdrawal of support by a judge would result inequally treating the citizens’ support, which would cause considerable implementation difficulties.Admissibility of support withdrawal is inconsistent with the principle of finality of citizens’ support,dominating in the Polish legal system; moreover, it lacks substantive justifi cation — the supported candidate could not have changed radically in the period of a few days. The fi nality of supportemphasizes the significance of responsible decision-making in this scope, which ensures nointerruption in the further stages of proceedings. Hence, it shall be concluded that the act on theNational Council of the Judiciary contains a legal loophole — it may be filled by applyingthe systemic interpretation, which leads to the opinion on the fi nality of submitting the candidatureof a judge for a member of the National Council of the Judiciary.

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