Judicial Administrative Cognition, and Refusal to Appoint a Judge – Several Reflections against the Background of the Supreme Administrative Court’s Decision of 7 December 2017, Ref. I I OSK 857/17
Judicial Administrative Cognition, and Refusal to Appoint a Judge – Several Reflections against the Background of the Supreme Administrative Court’s Decision of 7 December 2017, Ref. I I OSK 857/17

Summary/Abstract: The paper indicates the most important arguments raised by the participants inthe dispute concerning the possibility of control by the administrative courts ofdecisions of the President of the Republic of Poland on the refusal to appoint a judgeand an attempt to make a substantive evaluation of them. In my opinion, the refusalto appoint a judge, as well as refusal to accept the judge’s position under the amendedAct on the Supreme Court (SC) should be strictly exceptional and in principle be justifiedat the constitutional level, which should be seen as the duty of the Presidentto ensure compliance with the Constitution. Both of these resolutions shouldcontain the motives of the President, which would make this act, with all its arbitrariness,more transparent. This is important not only from the point of view of theperson concerned, but this also has an important social dimension. The public hasthe right to know, not only which candidates, who met the requirements for theappointment as a judge and were recommended by the National Council of theJudiciary of Poland (NCJ), were not appointed by the President, but also whatreasons were at the heart of such a decision of the Head of State.

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