Glosa do wyroku TK z 20.06.2017 r., K5/17 (wybór członków Krajowej Rady Sądownictwa)

Mateusz Radajewski

Abstract

The subject of this commentary is the judgement of the Constitutional Tribunal of 20 June 2017 concerning the issues of election of members of the National Council of the Judiciary (NCJ) and the character of their term. The author indicates two fundamental issues which were analysed by the Tribunal, namely: the principles governing the election of judges for NCJ members (the right to vote and the right to sand for election) as well as how the term of the elected members of this body should be counted. As for the first issue, the author polemicizes with the Tribunal and indicates that different degrees of influence of individual judges on the election of NCJ members is not contrary to the principle of equality, while the limitation of right to stand as a candidate for a member of the National Council of the Judiciary should be examined from the perspective of access to the civil service based on the principle of the equality. With regard to the term of NCJ members, unlike the Constitutional Tribunal, the author supports the individual character of every member's term.