Sejm Adopts Resolution on the National Council of the Judiciary. Dispute Over Neo-Judges and the Selection of the First President of the Supreme Court

The Sejm adopted a resolution concerning the selection of new judge-members of the National Council of the Judiciary, implementing a strategy referred to as "Plan B." This decision was made in an atmosphere of sharp parliamentary conflict between the ruling coalition and the opposition supported by circles associated with the president. During the session, a heated exchange of words occurred between MP and judge Waldemar Żurek and representatives of Law and Justice, with shouts about criminal responsibility. Critics of the resolution argue that an attempt to regulate the status of a constitutional body through a resolution, rather than a statute, may be legally ineffective. The dispute over the shape of the National Council of the Judiciary has been ongoing since 2017, when the method of electing judges to the Council was changed, transferring this authority from judicial self-government to the Sejm. At the same time, the General Assembly of the Supreme Court selected five candidates for the office of First President of the Supreme Court. This list will now go to the president, who will make the final selection. This procedure takes place in the shadow of an opinion by the Venice Commission, which evaluated the Polish draft law on neo-judges. Council of Europe experts indicated that Poland must clarify the rules for verifying judicial appointments to avoid legal chaos and ensure the right to an independent court. The current NCJ reacted to these actions by challenging to the Constitutional Tribunal the provisions preventing elected judges from participating in future elections to the Council.