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Constitutional Tribunal moves to suspend Supreme Court's resolution

January 29th, 2020

Poland's Constitutional Tribunal (TK), acting in response to a motion by Sejm (lower house) Speaker Elzbieta Witek, has suspended the application of a Supreme Court (SN) resolution that derailed a key part of the government's judicial reform. The suspension will be in place until "a competence dispute" between the SN, president and parliament is resolved, the TK ruled, adding that it will deal with the matter on February 25. Last Thursday, the SN passed a resolution stating that when a judge nominated by the National Council of the Judiciary (KRS) is included in a court line-up, then this line-up is incorrect. The resolution did not apply to rulings issued by courts before the resolutions' passage, but it did apply to any verdicts issued by the Disciplinary Chamber, a section of the SN that the SN recently ruled as not being a court under EU law.


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