Glosa do postanowienia Naczelnego Sądu Administracyjnego z 27 stycznia 2020 r., sygn. akt I OSK 1917/18
Commentary to the decision of the Supreme Administrative Court of 27 January 2020, ref. No. I OSK 1917/18

Summary/Abstract: With its decision ref. No. I OSK 1917/18, the Supreme Administrative Court dismissedthe motion for exclusion of a judge on the basis of the defectiveness of the appointment of the“new” National Council of the Judiciary. The Court pointed out that the reasons for a motionare decided by the circumstances of a “speci c case”, and not its “general nature” and referredto the traditional, constitutionally justi ed signi cance of the President’s act of appointinga judge (a person authorized to adjudicate). An opposite decision would lead to far-reachingsystemic consequences: (a) it would establish judicial oversight of the President’s discretionary acts, thus far inacceptable; (b) it would transfer the “burden of proof” (of a judge’s lackof impartiality) from the party requesting exclusion of a judge; (c) it would change the natureof the motion, which would become an instrument in the “battle” for the desired nominatingprocedure for a judge. Hence, it shall be stated that the formation of the system of the National Council of the Judiciary and the nominating procedure is of general nature and as a ruleabstracts from the circumstances of a speci c case.

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