Dopuszczalność odwołania od uchwał Krajowej Rady Sądownictwa w sprawach przeniesienia sędziego do innego wydziału

Abstract

The presented article is devoted to the issue of admissibility of an appeal to a court against the transfer of a judge by a decision of the president of a court from one division to another division. The current statutory regulation, which does not provide for the possibility of an appeal to a court in every case of such a transfer, does not seem to be in line with the considerations made in the Court of Justice of the European Union’s judgement of 6 October 2021 in case C-487/19, hence it is necessary to determine their relevance for jurisprudence in Poland and to juxtapose those considerations with, i.a., the previous jurisprudence of the Constitutional Tribunal, taking into account the issue of judicial independence and the right to a court.