Back 1997....as the national Constitution was drafted and finalized....Article 179 was inserted. It says....that judges are appointed for an indefinite period by the President (NOT the PM) on the motion of the National Council of the Judiciary.
The chief Justice? Well...the 'First President of the Supreme Court' is appointed by the President for a 6-year term....from a list of five names....proposed by the General Assembly of Judges of the Supreme Court.
Requirements to be on the court? Normal stuff....citizenship, legal qualifications, experience, high character.
This idea that the PM can appoint? It would only happen if the Constitution were changed (yet to be openly discussed).
Article 235 covers changing of the Constitution, and it requires three key features:
1 A bill proposed by at least one-fifth of Sejm deputies (or by the Senate or the President).
2. Adoption by the Sejm with a two-thirds majority (in the presence of at least half the statutory number of deputies). With 460 seats in the mix....mean 307 have to support it. (in case you were wondering....PM Tusk does NOT have that number of votes).
3. Then an absolute majority in the Senate. (oddly for PM Tusk, this is heavily in his favor....he holds around 60 seats of the 100).
The EU chatter about 'respect for the PM'? The Constitution would need a re-write/change...for Tusk to have such 'respect'.
When the President hints that a whole new Judge staff might be accomplished? He'll select the crew, and swear them in....not PM Tusk.
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