Justice Minister Adam Bodnar expresses concern about Tuesday’s decisions by the First President of the Supreme Court, Małgorzata Manowska, regarding the Chamber for Labor and Social Security of the Supreme Court – we read in a statement provided by the Ministry of Justice.
The Supreme Court announced on Tuesday morning that from Tuesday onwards – until the President appoints a Supreme Court judge to serve as the President of the Labor Chamber of this court – the work of this Chamber will be managed by the First President of the Supreme Court, Małgorzata Manowska. Some Supreme Court judges questioned this interpretation of the regulations – according to them, the Chamber in this situation is headed by the most senior president of the division of this Chamber, namely Judge Dawid Miąsik.
After hours On the 16th, a message was published on the website of the Supreme Court announcing that President Manowska had authorized Judge Miąsik to carry out activities related to the organization and management of the Chamber for Labor and Social Security. The current situation of the Chamber for Labor and Social Security of the Supreme Court is due to the fact that the term of office of the current president of this chamber, Piotr Prusinowski – a judge appointed by the National Council of the Judiciary before the changes in 2018 – expired on September 2 of this year.
In the evening, the Ministry of Justice website published a statement by Minister Bodnar on the situation in the Labor and Social Security Chamber of the Supreme Federal Court.
Minister of Justice Adam Bodnar expresses concern about today’s decisions by the First President of the Supreme Court, Małgorzata Manowska, regarding the Chamber for Labour and Social Security of the Supreme Court
– we read in the statement.
As noted, “the Minister emphasizes the need to maintain the standards resulting from the applicable legal provisions, which clearly indicate who should head the Chamber at the end of the term of the President of the STF, while no successor has been chosen.”
The statement stated that, according to applicable legislation, Prof. Małgorzata Manowska “has no authority to manage the Chamber of Labour and Social Security, nor does she have the authority to authorise a judge to carry out activities related to the organisation and management of this Chamber”.
Firstly, because she was incorrectly appointed to the Supreme Court (which is confirmed by numerous judgments of the ECHR and the CJEU) and then to the post of First President of the Supreme Court.
– he emphasized.
Secondly, because, in accordance with the duly implemented Law on the System of Common Courts, the ex lege management of the Labour Chamber was taken over by the longest-serving chairman of the Labour Chamber department, Supreme Court Justice Dawid Miąsik. In 2018, on this legal basis, Katarzyna Gonera was appointed to manage the Labour and Social Security Chamber, and Wiesław Kozielewicz was appointed to manage the Criminal Chamber.
– recalled in the statement.
Therefore, today’s decisions by the First President of the Supreme Court remain incompatible with the applicable regulations and do not produce legal effects.
the statement said.
tkwl/PAP
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