Przedterminowe zakończenie kadencji pierwszego Prezesa Sądu Najwyższego w świetle art. 12 § 1 oraz art. 111 § 1 i § 4 nowej ustawy o Sądzie Najwyższym

Abstrakt

The article is devoted to the early termination of the term of office of the First President of the Supreme Court. It should be assumed that the early termination of the term of office of the First President of the Court is constitutionally permissible when the judge reaches retirement age determined by the statute. Such general solution does not violate the First President’s six-year term of office, as the determination of the retirement age of judges by the legislator has its direct constitutional basis. However, legal solutions that shorten the term of office of the First President of the Court as a result of passing statutory provisions which reduce the retirement age are an unacceptable interference with the independence of the judiciary and the violation of some other constitutional principles (e.g. the principle of the division and balance of powers). Additionally, the solution providing that in order to continue their office after reaching retirement age judges (including the First President) should apply for the consent of the organs of the executive power is also unconstitutional.