Polish court rejects suit over prime minister's failure to counter-sign judicial appointment

A Polish judicial appointee's attempt to sue the prime minister for failing to provide a required counter-signature has been dismissed by an administrative court. The appointee had waited 11 months for the signature after winning a competition for a position as an assessor at the Voivodeship Administrative Court in Gliwice.

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The court should have reviewed the complaint on its merits.

The case highlights a tension between the executive and judicial branches. The prime minister's office argued that the counter-signature, or its absence, is a political act and therefore not subject to judicial review by administrative courts. The court agreed with this reasoning, dismissing the appointee's complaint about the prime minister's inaction.

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The court should have recognized the complaint as admissible.

The Helsinki Foundation for Human Rights, however, filed an amicus curiae brief arguing that the court should have examined the case substantively. The foundation cited European Court of Human Rights rulings, emphasizing the right to a court. They contended that denying judicial review in such cases could allow the executive branch to arbitrarily influence judicial appointments, undermining the independence of the judiciary.

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The court should have considered the complaint on its merits.