Conferences & Exchanges
2024
A conference on ‘International Protection at the Crossroads’ organised by the Supreme Administrative Court of Poland together with the European Union Agency for Asylum (EUAA) was held in Warsaw. Lectures were delivered by, among others, Vice-President of the European Court of Human Rights Ivana Jelić and former Vice-President of the Court of Justice of the European Union Lars Bay Larsen. President of the Supreme Administrative Court of Poland Jacek Chlebny in his speech discussed the topic ‘Pushbacks and the right to asylum in times of hybrid war – Polish experience’. The conference was attended by judges Supreme Administrative Court and regional administrative courts, as well as representatives of the EUAA, the UN Refugee Agency (UNHCR) and the European Border and Coast Guard Agency FRONTEX.
On 25 October 2024, President of the SAC, Prof. Dr. hab. Jacek Chlebny, participated in a seminar entitled: European Convention on Human Rights and international refugee law compliant procedures at state borders, which was held at the seat of the European Court of Human Rights in Strasbourg.30 September - 2 October 2024 Bratislava (Slovakia)
On 30 September - 2 October 2024 members of the delegation of the Supreme Administrative Court of Poland, headed by the President of the Supreme Administrative Court Jacek Chlebny, participated in the Trilateral Meeting of the Presidents and Working Groups of the Supreme Administrative Courts of the Czech Republic, the Republic of Poland and the Slovak Republic. The Czech delegation was led by the President of the Supreme Administrative Court of the Czech Republic, Karel Šimka, and the Slovak delegation by the President of the Supreme Administrative Court of the Slovak Republic, Pavol Naď. The meeting was attended by the following representatives of the Supreme Administrative Court: Jerzy Siegień, Vice-President of the Supreme Administrative Court, President of the General Administrative Chamber; Anna Dumas, President of the Voivodship Administrative Court in Krakow; Małgorzata Niezgódka-Medek, Judge at the Supreme Administrative Court; Mariusz Kotulski, judge at the Voivodship Administrative Court in Krakow and a representative of the Chancellery of the President of the SAC of Poland, Chief Specialist Małgorzata Szyszkowska.
The meeting and the accompanying discussion focused on the issue of administrative punishment in the decision-making of the supreme administrative courts in the context of the requirements under Article 6 of the ECHR, the issue of unaccompanied minors in asylum proceedings in the context of the requirements of Article 3 of the Convention on the Rights of the Child and Article 15(3)(c) and Article 25 of the procedural directive and the issue of the social assistance and Regulations No 883/2004 and No 987/2009 of the European Parliament and of the Council in the case law of the supreme administrative courts.
On 30 September 2024, the delegation of the Supreme Administrative Court of Poland also paid a visit to the current head of the Embassy of the Republic of Poland in Bratislava Chargé d'Affaires a.i. Piotr Samerek.
25-27 September 2024 Vilnius (Lithuania)
On 25-26 September 2024, members of the delegation of the Supreme Administrative Court of Poland, headed by the Vice-President of the Supreme Administrative Court President of the General Administrative Chamber Jerzy Siegień, participated in the conference on “Navigating Privacy and Media Freedom: A Judicial Perspective” organized in Vilnius by the Supreme Administrative Court of Lithuania, Vilnius University and the Ministry of Foreign Affairs of the Republic of Lithuania. Vice-President of the SAC of Poland Jerzy Siegień gave a lecture on “Exclusion of a Judge as a Guarantee of Court Impartiality”. During the conference the Supreme Administrative Court of Poland was also represented by other members of the delegation: Małgorzata Miron – presiding judge of the 2nd Division of the General Administrative Chamber, judges of the SAC Andrzej Skoczylas and Bartosz Wojciechowski, as well as Adrianna Tarłowska – senior judge assistant–chief specialist in the Chancellery of the President of the SAC. Also, during two conference panels the presentations by the Lithuanian and Ukrainian sides on the issues of i.a. harmonisation of values in law, limts of freedom of expression, ensuring privacy and media freedom within the framework of the rule of law, and the judges’ participation in public discussions on issues of public interest, were given.
On 27 September 2024, a trilateral Polish-Lithuanian-Ukrainian meeting was held with the representatives of the Supreme Administrative Court of Lithuania and the Administrative Cassation Court within the Supreme Court of Ukraine, during which the court Presidents discussed the role of administrative courts in ensuring effective protection of human rights in the field of the public administration and the current challenges entailed with it. Vice-President of the SAC Jerzy Siegień presented this issue in his speech on effective protection of human rights implemented by ensuring the right to a court in its full scope.
2-3 May 2024 Luxembourg (Luxembourg)
On 2-3 May 2024, the President of the Supreme Administrative Court, Mr Jacek Chlebny, took part in the Judges' Forum and in a conference titled "20 years since the accession of 10 States to the European Union: A new constitutional moment for Europe", organised by the Court of Justice of the European Union on the occasion of the 20th anniversary of the accession of 10 States to the European Union. During the Judges' Forum, selected issues concerning EU law were discussed. As part of the first working session on "Preliminary ruling proceedings: recent case-law on procedural aspects", presentations by the President of the CJEU Koen Lenaerts and by the President of the SAC Jacek Chlebny were given. 2023
11-13 October 2023 (Warsaw)
On 11-13 October 2023, a workshop for Polish judges "Access to Justice in Environmental Cases" organized by the European Law Academy in Trier (ERA) within the support of the “Cooperation with National Judges in the field of Environmental Law” programme of the European Union and in cooperation with the Chancellery of the President of the Supreme Administrative Court of Poland, took place at the seat of the SAC.
The workshop was attended by judges and court assessors from the voivodship administrative courts in Białystok, Gdańsk, Gliwice, Poznań and Warsaw, as well as judges from common courts – regional courts in Poznań, Słupsk and Szczecin and district courts in Lubaczów, Prudnik, Rawicz and Szczecin-Prawobrzeże and Zachód.
The workshop included topics regarding the Aarhus Convention; the Aarhus requirements and EU law, especially concerning legal standing for individuals and NGOs, judicial review of plans and programmes; environmental law and access to justice in Poland; enforcement of EU law at national level; judicial dialogue of the Polish courts with Court of Justice of the EU.
In the workshop participated as speakers and trainers – academics, practitioners and administrative judges from Czech Republic, Germany and Poland (including SAC judge dr Teresa Zyglewska) and the representative of the Directorate General Environment of the European Commission in Brussels.
13 October 2023 Strasbourg (France)
President of the Supreme Administrative Court Jacek Chlebny participated in the seminar on “Judicial dialogue through the advisory opinion mechanism under Protocol No. 16 [to the European Convention of Human Rights]”, organised at the European Court of Human Rights to mark five years since the Protocol came into effect.
The first part of the seminar attended by presidents of the national superior courts and ambassadors – permanent representatives of the member States of the Council of Europe approached the advisory opinion mechanism from the perspective of the national court, that of the Strasbourg Court and that of an academic perspective. The subject of the second part of the seminar focussed on analysis of experiences with the application of the mechanism in court proceedings, elaborating the guidelines provided to requesting courts and future perspectives of said mechanism.
8-10 October 2023 Stockholm (Sweden)
On 8-10 October 2023, the President of the Supreme Administrative Court Jacek Chlebny participated in the seminar of Association of the Councils of State and Supreme Administrative Jurisdictions of the EU (ACA-Europe) on “Preliminary rulings of the Court of Justice of the European Union – from CILFIT to Consorzio” organized in cooperation with the Supreme Administrative Court of Sweden.
The working part of the seminar was dedicated to the presentation of the general report based on previously given answers of the member courts (including the answers sent by the Supreme Administrative Court of Poland). During the seminar the participants exchanged the experiences related to the procedure of request for a preliminary ruling from the Court of Justice of the European Union and the procedure after having received such a ruling. The third panel discussion, on the impact of national courts rulings on the UE law, especially the primary law, was led by the President of the Supreme Administrative Court Jacek Chlebny.
6 October 2023 (Luxembourg)
The 5th annual meeting of the Correspondents of the Judicial Network of the European Union, JNEU/Réseau judiciaire de L'Union européenne, RJUE was held at the premises of the Court of Justice of the European Union.
The Supreme Administrative Court of Poland was represented by the RJUE Correspondent – Jacek Chlebny, President of the Supreme Administrative Court of Poland. The meeting gathered ca. 60 representatives of national constitutional courts and supreme and superior courts and the Supreme Court of Ukraine.
During the first part of the meeting speakers presented the overview and future perspectives of the JNEU, the evolution of its activities, including the functionality of its website.
The second part of the meeting concerned the topic “Artificial Intelligence and Justice”. The experiences and perspectives in this area were presented by representatives of the Irish Supreme Court, French Court of Cassation, Supreme Administrative Court of Sweden and the Court of Justice of the EU.
2-3 October 2023 Ankara (Turkey)
On October 2-3, 2023, IASAJ Board Meeting and Seminar on “Judicial review of the acts of independent administrative authorities” was held in Ankara, organized in cooperation with the Council of State of Turkey.
During the meeting of the IASAJ Board, chaired by Martine de Boisdeffre, IASAJ Secretary General, decided, among other things, to accept the Supreme Court of Albania, the Superior Tribunal of Justice of Brazil and the Supreme Administrative Court of Bulgaria as members of the IASAJ Association. On the other hand, the decision of the Supreme Court of Justice of Costa Rica to resign from IASAJ membership was accepted. The 2022 and part of 2023 judges' exchange programme was also summarised. The meeting was concluded with the discussion on an organisation of the upcoming IASAJ Congress which will be held at the Supreme Court of Justice in Chile in 2025.
The seminar part of the event was opened by the President of the Council of State of Turkey, Zeki Yiğit, and IASAJ President Ángela Vivanco Martínez. Two sessions were devoted to the exchange of experiences related to the functioning of independent administrations in selected jurisdictions of the Association's member states.
Participants of the seminar also attended the opening ceremony of the Training Centre for Turkish Judges, during which the President of the Republic of Turkey, Recep Tayyip Erdoğan, delivered a speech.
18 September 2023, Leipzig (Germany)
President of the Supreme Administrative Court Jacek Chlebny took part in the meeting of the working group of the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union (ACA-Europe).
The working group has launched work on a transversal analysis on the role of the highest administrative courts in climate and environmental cases for the EU Justice Scoreboard 2024.
The subjects of the analysis will include i.a. efficiency and effectivity of the judicial review by supreme administrative courts dealing with environmental and climate cases, including average disposition time, application of interim measures, enforcement of judicial decisions and breaches of the EU law.
6-7 July 2023, Paris (France)
On 6-7 July 2023 the delegation of the Supreme Administrative Court visited the Council of State of the French Republic in Paris. This was the next Polish-French meeting of the judges of the highest administrative courts of both countries, the first on-site meeting since the last one in Warsaw in September 2019. The aim of the bilateral dialogue, which has been ongoing for many years, is to exchange knowledge and experience in the interpretation and application of administrative law by the highest administrative courts of Poland and France.
The Polish delegation was led by the President of the Supreme Administrative Court, Jacek Chlebny. It also included the Vice-President of the SAC - President of the General Administrative Chamber, Jerzy Siegień, judge of the SAC Zdzisław Kostka - Disciplinary Commissioner of the SAC, and judge of the SAC Anna Dumas - President of the Voivodship Administrative Court in Kraków.
The Council of State of France was represented by Councillors of State: Didier-Roland Tabuteau - Vice-President of the Council of State (the function of the President of the Council of State is ex officio exercised by the Prime Minister, but the work of the Council is actually directed by the Vice-President - an administrative judge appointed by the Council of Ministers on the proposal of the Minister of Justice), Martine de Boisdeffre - President of the Analysis and Reports Section, Yves Gounin - Member of the Analysis and Reports Section for International Relations, Béatrice Bourgeois-Machureau - Deputy President of the Social Section and Gilles Pellissier - Judge of the 7th Chamber of the Trial Section.
Topics under discussion included health law and the protection of civil liberties, the drafting of judgments in administrative courts and extraordinary procedures in administrative courts. During three 'round tables' devoted to these topics, papers were delivered by Polish and French judges: Jerzy Siegień and Béatrice Bourgeois-Machureau ('Health Law and Protection of Civil Liberties'), Zdzisław Kostka and Gilles Pellissier ('Drafting of Judgments in Administrative Justice') and Anna Dumas and Gilles Pellissier ('Extraordinary Procedures in Administrative Justice').
The Supreme Administrative Court of Poland will host the next meeting of Polish and French judges of the highest administrative courts.
Link to information note on the visit of the Polish delegation on the website of the Council of State of France:
https://www.conseil-etat.fr/actualites/seminaire-bilateral-franco-polonais-au-conseil-d-etat
4 July 2023, Strasbourg (France)
On 4 July 2023 the President of the Supreme Administrative Court, Jacek Chlebny, visited the European Court of Human Rights, where he was received by the President of the Court, Síofra O'Leary. The meeting of the two Presidents was also attended by the Polish judge of the ECtHR Krzysztof Wojtyczek and the Registrar of the Court Marialena Tsirli.
Link to the information note on the visit on the website of the European Court of Human Rights:
https://www.echr.coe.int/w/visit-by-the-president-of-the-supreme-administrative-court-of-poland
11-13 June 2023 r., Krakow
On 11-13 June 2023, in Krakow, the 8th meeting of the Polish and Czech administrative judges courts took place at the premises of the Voivodship Administrative Court in Krakow.
In this cyclical exchange of judges' experience of both jurisdictions, participated seven judges from the Czech Republic, including the President of the Supreme Administrative Court of the Czech Republic (Nejvyšší správní soud České republiky, NSS), judge Karel Šimka, Vice-President of the Court, judge Barbara Pořízková and Judge of the General Court of European Union Jan Passer, judges of the NSS and judges of the Voivodship Court in Prague.
On the Polish side, the meeting was attended by 18 representatives of Polish administrative courts, headed by President of the Supreme Administrative Court (SAC) Jacek Chlebny, including Vice-Presidents of the SAC, Director of the Judicial Decisions Bureau, the President of the Voivodship (Regional) Administrative Court in Krakow, SAC judges, judges of the voivodship (regional) administrative courts delegated to the SAC and the Head of the Chancellery of the President of the SAC, as well as assistants in Chancellery of the President of the SAC
Representatives of the Supreme Administrative Court of the Slovak Republic, including President Pavol Naď and Vice-President Marián Trenčan, also attended the Polish-Czech meeting as observers.
The central point of the meeting was the deliberations during four plenary sessions, which were moderated by Polish and Czech judges: SAC Vice-President, President of the General Administrative Chamber Jerzy Siegień, SAC judge Antoni Hanusz, Vice-President, President of the Financial Chamber Jan Rudowski and the Presiding judge of the NSS Ivo Pospíšil.
During the plenary sessions, the participants discussed a number of issues of national and European law relevant to the activities of administrative courts.
Czech participants presented: current issues regarding Common European Asylum System (CEAS) in the case-law of CJEU (judge of the CJEU David Passer) and other selected issues of the European asylum law (judge of the Voivodship Court in Prague Jan Kryska), the case-law of the NSS regarding the agreements on the avoidance of double taxation (NSS Vice-President judge Barbara Pořízková), current case-law of the CJEU on VAT, with regard to proving the identity of the supplier and the prerequisites for tax exemption on an intra-Community supply in the practice of Czech administrative courts (judge of the Voivodship (Regional) Court in Prague Lenka Bursíková) and the management of the construction of strategic facilities using the example of nuclear power plants (President of the NSS Karel Šimka).
Polish speakers presented the following isues: access to the asylum procedure (President of the SAC Jacek Chlebny), the scope of the the agreements on the avoidance of double taxation in force between Poland and the Czech Republic (Presient of the VAC Krakow, SAC judge Anna Dumas), VAT tax as European tax (SAC judge Małgorzata Niezgódka-Medek – Presiding judge of the 1st Division of the Financial Chamber) and the legal aspects of the construction of critical infrastructure, in particular the procedural aspects of planning permission and the resolution of conflicts of legally protected values that accompany this process (SAC judge Marian Wolanin – Deputy Director of the Judicial Decisions Bureau / judge of the VAC in Krakow delegated to SAC Marian Kotulski).
The next 9th meeting of Polish and Czech administrative court judges will be hosted by the Supreme Administrative Court of the Czech Republic.
8 June 2023, Leipzig (Germany )
The President of the Supreme Administrative Court of Poland, Jacek Chlebny took part in the 70th anniversary of the Federal Administrative Court of the Federal Republic of Germany.
The supreme federal court for the field of general administrative jurisdiction was inaugurated in West Berlin on 8 June 1953. In celebration of the 70th anniversary of this historic event, the Federal Administrative Court at its current seat in Leipzig hosted an anniversary symposium, opened with commemorative addresses of the President of the FAC Prof. Dr. Andreas Korbmacher, President of the Federal Republic of Germany Frank-Walter Steinmeier and Federal Minister of Justice Dr. Marco Buschmann.
The meeting was attended by the Presidents of the highest federal courts of Germany, a representative of the Court of Justice of the European Union, the Presidents and representatives of the supreme administrative courts of EU member states: the Polish Supreme Administrative Court, the Supreme Administrative Court of Austria (VwGH), the Council of State of France, the Curia of Hungary, the President of the Supreme Administrative Court of Finland, Kari Kuusiniemi - Vice-President of the Association of Councils of State and Supreme Administrative Jurisdictions of the European Union ACA-Europe, representatives of the German judiciary, the legislature and the executive, academia, the bar and the media, as well as judges from German administrative courts.
An opening ceremony was followed by three panel discussions on the subsequent topics: the establishment of administrative jurisdiction in the young Federal Republic [in years 1953-1959], expectations towards the administrative jurisdiction in a state governed by the rule of law in the 21st century and expediting of the administrative and administrative court proceedings with high standards of legal protection.
The SAC President was accompanied during the visit by Przemysław Florjanowicz-Błachut - representative of the SAC for Partnership with the Federal Administrative Court of Germany, chief specialist in Chancellery of the President of the SAC.
8-9 June 2023, Strasbourg (France)
The sixth Superior Courts Network (SCN) Forum took place at the headquarters of the European Court of Human Rights in Strasbourg on 8-9 June 2023, bringing together representatives from 41 Council of Europe member states. The theme of this year's seminar was the independence of the judiciary in the case law of the ECtHR. In the workshop part of the forum, participants exchanged experiences on the organisation of the work of judicial assistant or jurisconsult as well as the role of legal research unit in the respective court or tribunal. Representatives of the ECtHR also presented new forms of cooperation, including, inter alia, the possibility of organising a study visit of judges and assistant judges to the ECHR within the framework of the new Visiting Professionals Scheme. The Supreme Administrative Court was represented by Ms Maria Jackowska, judge’s assistant & specialist at the Chancellery of the President of the Supreme Administrative Court.
1-2 June 2023, Valletta (Malta)
The Annual Coordination & Planning Meeting of EUAA Courts and Tribunals Network organised by the European Union Asylum Agency (EUAA) took place on 1-2 June 2023. The meeting was dedicated to overviewing the activities of the Agency in 2022 and the activities of the present year until now. The programme of activities for 2024 was also presented. The Supreme Administrative Court was represented by Ms Maria Jackowska, judge’s assistant & specialist at the Chancellery of the President of the Supreme Administrative Court.
27 April 2023, Riga (Latvia)
On 27 April 2023, the President of the Supreme Administrative Court Jacek Chlebny participated in the seminar of Association of the Councils of State and Supreme Administrative Jurisdictions of the EU (ACA-Europe) on ‘The judge and inert administration. Administration discretionary power’ organized in cooperation with the Supreme Court of the Republic of Latvia.The working part of the seminar was dedicated to the presentation of the general report and the discussion of the previously given answers of the member courts (including the answers sent by the Supreme Administrative Court of Poland) and consisted of two panels on administrative discretionary power and inaction (silence) of administrative authorities respectively. In the first panel, also attended by the President of Latvia Egils Levits, the President of the Supreme Administrative Court Jacek Chlebny delivered a speech on ‘The concept of administrative discretion in Polish case law’.
24-25 April 2023, Bratislava (Slovakia)
On 24-25 April 2023, a delegation of the Supreme Administrative Court visited the Supreme Administrative Court of the Slovak Republic. It was the first Polish-Slovak working meeting of the supreme administrative courts of both countries. The Polish delegation headed by the President of the Supreme Administrative Court Jacek Chlebny, also included: Małgorzata Niezgódka-Medek, President of the 1st Division of the Financial Chamber, judge of the Voivodship Administrative Court in Warsaw delegated to adjudicate in the General Administrative Chamber of the SAC Mirosław Gdesz, judicial assistant in European law Anna Chmielarz-Grochal and a representative of the Chancellery of the President of SAC Małgorzata Szyszkowska. The Supreme Administrative Court of Slovakia was represented by the President of the Supreme Administrative Court Pavol Naď, the Vice-President of the Supreme Administrative Court Marián Trenčan, the President of the Panel judge Elena Berthotyová, the adviser to the President of SAC Daniel Staruch, and the representative of the Chancellery of the President of SAC Alica Smolíčková.
During the working meeting, the systemic position, competences and organizational structure of the administrative courts of both countries were presented. The discussion concerned also the challenges in jurisprudence of the Courts in asylum and expulsion cases, as well as the impact of ECHR and ECJ's case-law on the judicial activity of administrative courts.
The purpose of the visit was to start cooperation with the newly established Supreme Administrative Court of Slovakia (1 January 2021) in order to exchange knowledge and experience regarding the organization of work in courts, as well as in the field of interpretation and application of administrative law by the Polish and Slovak supreme administrative courts.
23-24 March 2023, Luxembourg
On 23-24 March 2023 in the premises of Court of Justice of the European Union (CJEU) in Luxembourg President of the Supreme Administrative Court of Poland Jacek Chlebny participated in the High-Level Roundtable on Developments in judicial dialogue through the case-law of the CJEU, the ECtHR and national courts in the field of the Common European Asylum System (CEAS) which was jointly organised by the European Union Agency for Asylum (EUAA), the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The conference brought together delegations of judges from the CJEU, the ECtHR and judges from 25 EU+ national courts and tribunals ruling in the field of asylum, i.a. administrative judges from Poland. The words of welcome was given by President of the CJEU Koen Lenaerts. In one of the panels President Jacek Chlebny presented the Polish border procedure on the example of the situation on the Polish-Belarusian border.
15-17 March 2023, Thessaloniki (Greece)
On 15-16 March 2023 in Thessaloniki took place the meeting of the National Contact Points of the Exchange Programme of the European Judicial Training Network (EJTN) and the meeting of the Exchange Programme Working Group organised by the EJTN Secretariat in Brussels in cooperation with the Hellenic School of the Judiciary.
The meeting was attended by a representative of the Supreme Administrative Court (EJTN partner in Poland), Mr. Przemysław Florjanowicz-Błachut, the senior specialist in the Chancellery of the President of the Supreme Administrative Court and new NCP of EJTN Exchange Programme for Polish Administrative Judiciary. During the meeting the activities of the EJTN in the year 2022 and also the planned activities and perspectives for years 2023-2024 were discussed. The meeting also included a workshop on developing strategies to increase and diversify the participation in the Exchange Programme and instruments to measure the impact of exchanges.
2022
12-14 December 2022, Leipzig (Germany)
On 12-14 December 2022, a delegation of the Supreme Administrative Court (SAC) visited the Federal Administrative Court (FAC) in Leipzig. This was the fourth Polish-German working meeting of the highest administrative courts of both countries and the first face-to-face meeting since the announcement of the COVID-19 pandemic. The aim of the meeting was to strengthen the exchange of knowledge and experience in the interpretation and application of administrative law by the Polish and German highest administrative jurisdictions.
The Polish delegation was headed by the President of the Supreme Administrative Court, Dr hab. prof. UŁ Jacek Chlebny and also included the Vice-President of the SAC - President of the Financial Chamber SAC Jan Rudowski, Acting President of the Commercial Chamber SAC Małgorzata Korycińska, Deputy Director of the Judicial Decisions Bureau – judge Marian Wolanin, Representative of the SAC for Partnership with the Federal Administrative Court of Germany - Przemysław Florjanowicz-Błachut.
The Federal Administrative Court was represented by its President Prof. Dr. Andreas Korbmacher and FAC judges: Holger Böhmann, Dr. Silke Wittkopp, Dr. Franz Schemmer and Martin Steinkühler.
Topics under discussion included current challenges in asylum and refugee law, precautionary measures being introduced in administrative courts in the context of the coronavirus pandemic and legal issues relating to the self-realisation of individuals in public office.
During working seminars on each of these topics, the papers were delivered by Polish and German judges: SAC judge dr hab. prof. UŁ Jacek Chlebny/ FAC judges: Holger Böhmann & Dr. Silke Wittkopp („Current challenges in asylum and refugee law”), SAC judges: Małgorzata Korycińska and Jan Rudowski / FAC judge Dr. Franz Schemmer („Corona virus in court – preliminary urgent legal protection and legal protection in the main proceedings (including judicial review of legal provisions)” and SAC judge Marian Wolanin and FAC judge Martin Steinkühler (“Self-realisation in public office? - Civil servants and judges in the field of tension between the protection of fundamental rights and the demands of office”).
Polish-German cooperation focuses on the regular exchange of information on the jurisprudence of both partner courts. Accordingly, working meetings take place regularly every two years as well as mutual study visits of judges to the partner courts are organised.
4-6 December 2022, Luxembourg
On 4-6 December 2022 President of the Supreme Administrative Court Jacek Chlebny participated in the official celebration of 70th Anniversary of the Court of Justice of the European Union. The Judicial Forum on ‘Bringing Justice Closer to the Citizen’ included working sessions on ‘Preliminary Ruling Procedure – Recent developments’, ‘The Concept of Judicial Independence in EU Law’ and workshops concerning the readability of court decisions, the issue of referring to specific cases in the era of GDPR, and the communication by the courts of their activities. The forum was concluded with a formal sitting attended by representatives of Luxembourg's highest authorities.
20-21 November 2022, Madrid (Spain)
The 4th seminar organised under the Italian Presidency of the Association of Councils of State and Supreme Administrative Jurisdictions of the European Union (ACA-Europe), devoted this time to “The application of general principles and clauses in the case law of the Administrative Courts”, took place on 20 – 21 November 2022 at the premises of the Supreme Court of the Kingdom of Spain.
The seminar was opened by César Tolosa Tribiño, President of the Administrative Chamber of the Spanish Supreme Court and was followed by an address by Mr. Franco Frattini, President of the ACA-Europe and President of the Council of State of the Italian Republic. The working session of the seminar began with a discussion of the responses to the preparatory questionnaire on the application of general principles and general clauses by ACA-Europe member states, including the responses sent by the Supreme Administrative Court of Poland. In three panels entitled respectively: "General principles of law in the system of sources and their common incorporation through the European Union and through horizontal dialogue", "General principles and fundamental rights" and "General principles in certain sector-specific areas of public law" speakers included Ms. Barbara Pořízková, Vice-President of the Supreme Administrative Court of the Czech Republic, Mr. András Patyi, Vice-President of the Supreme Court of Hungary, Mr Francis Delaporte, President of the Supreme Administrative Court of the Grand Duchy of Luxembourg and Mr. Yves Gounin, Conseiller d'Etat, Council of State of the French Republic. The Supreme Administrative Court was represented by Ms. Maria Jackowska, judge's assistant - specialist at the Chancellery of the President of the SAC.
15 September 2022, Brussels (Belgium)
The President of the Supreme Administrative Court of Poland Jacek Chlebny, took part in a meeting of the Board of the Association of Councils of State and Supreme Administrative Courts of the European Union (ACA-Europe). The subject of the meeting was to discuss: the Association's budget and financial situation in 2022, cooperation with the European Commission on the implementation of the 2022-2025 grant "Strengthening the role of the supreme administrative courts as facilitators of judicial cooperation and access to administrative (e-)justice", the activities of the Association's working groups, the implementation of the 2022 and 2023 exchange programme for judges, events planned in 2023, including a colloquium in Naples, a seminar on the preliminary ruling procedure in Stockholm, the state of the Association's databases, as well as the international and European relations of ACA-Europe, including with the Network of Presidents of the Supreme Judicial Courts of the European Union and the Academy of European Law (ERA) in Trier.
12 September 2022, Warsaw
A meeting of a working group of the Association of Councils of State and Supreme Administrative Jurisdictions of the European Union (ACA-Europe) was held at the premises of the Supreme Administrative Court (SAC) to develop, for the ACA-Europe 2022 Cross-sectional analysis - 2023 EU Justice Scoreboard, a questionnaire on the new generation of social rights, including those regulated by the Charter of Fundamental Rights of the European Union, the scope and depth of their regulation in national law and their judicial protection and application in the case law of administrative courts. The working group comprises representatives of the Councils of State of France, the Netherlands and Italy and the highest administrative courts of the Czech Republic, Germany, Poland, the Supreme Court of Ireland and representatives of the Association Office based at the Council of State of the Kingdom of Belgium. The Supreme Administrative Court was represented at the meeting by Jacek Chlebny.
1st July 2022, Luxembourg (Luxembourg)
The 4th annual meeting of the Correspondents of the Judicial Network of the European Union (JNEU / Réseau judiciaire de L'Union européenne RJUE) was held at the premises of the Court of Justice of the European Union. JNEU/RJUE has been established in 2017 on the initiative of the President of the Court of Justice of the European Union and the Presidents of the Constitutional Courts and Supreme and Superior Courts of the Member States, with the aim of setting up a website for the sharing and exchange of information and documents on EU law within the framework of judicial cooperation in Europe.
The meeting was attended by 54 correspondents, representing 42 national courts from 23 countries and 4 observers. The Supreme Administrative Court was represented by the RJUE Correspondent – Jacek Chlebny, President of the Supreme Administrative Court of Poland.
During the meeting, which was conducted in a hybrid mode, issues concerning the current functioning of the Network and further cooperation within the JNEU, as well as measures adopted by the Network member courts to facilitate citizens' access to justice and access to judicial decisions were discussed in two workshops.
20-22 June 2022, Brussels (Belgium)
On June 20-22, 2022, the 14th Congress of the International Association of Supreme Administrative Courts (IASAJ) "The role of the Supreme Administrative Jurisdictions during the Covid-19 crisis" was held in Brussels, organized in cooperation with the Council of State of the Kingdom of Belgium.
The IASAJ Association, based at the Council of State of France in Paris, associates institutions performing the function of the highest instance of administrative judiciary from over 80 countries around the world.
During the congress, the issues regarding the practical organisation of the jurisdictional activity and the procedure, case-law of the Administrative Jurisdiction Divisions and the activities of the Legislation Divisions of the High Administrative Courts during the Covid-19 crisis have been discussed.
During the meeting of the IASAJ Board, chaired by Ms Martine de Boisdeffre, Secretary general of the IASAJ and President of the Studies and Analyses Section of the Council of State of France, the decisions on membership of the 2021 established Supreme Administrative Court of Slovakia and the Supreme Courts of Latvia and Estonia, on the organization of the next XV Congress in cooperation with the Supreme Court of Chile in Santiago de Chile in 2025, on the budget for 2022 -2023, as well as the approval of the magistrate exchange program for 2022 have been made. The Supreme Administrative Court of Poland remained in the highest governing body of IASAJ for the next term of office until 2025, as one of the three courts - next to the Council of State of Italy and the Administrative Court of the Grand Duchy of Luxembourg - representing the European administrative judiciary within the Europe region, which together with the regions: Africa, America, Asia and Oceania and the Maghreb-Middle East form the Board of Directors.
The SAC of Poland was represented during the Congress, the meeting of the Board and the General Assembly by the President of the Court Jacek Chlebny.
23-24 May 2022, Rome (Italy)
The General Assembly of the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union (ACA-Europe) and the accompanying seminar Techniques for the protection of private subjects in contrast with public authorities: Actions and Remedies - Liability and Compliance were held in Rome on 23-24 May 2022.
During the seminar a general report developed on the basis of national reports sent by ACA-Europe member institutions (including NSA) was presented. In the panel concerning the use of interim measures, the President of the Supreme Administrative Court (SAC) – Jacek Chlebny, Professor at the University of Łódź, presented the Polish institution of suspending the execution of an appealed decision and drew attention to controversies in its use.
The SAC’s President, as treasurer of the Association, also attended the ACA-Europe Board meeting.
19-20 May 2022, Leipzig (Germany)
On 19 and 20 May 2022, on the premises of the Federal Administrative Court in Leipzig took place the 2nd Leipzig Dialogue in Administrative Jurisdiction (Leipziger Dialog in der Verwaltungsgerichtsbarkeit) – the conference of the administrative courts, higher administrative courts of the Länder and the Federal Administrative Court. The conference that enables administrative judges of all three instances to discuss and exchange information on the various legal issues currently dealt with by administrative courts, was jointly organised by the Federal Administrative Court – the highest court of the general administrative jurisdiction in Germany and the Association of German Administrative Judges (Bund Deutscher Verwaltungsrichter und Verwaltungsrichterinnen BDVR).
The meeting was opened by the acting President of the Federal Administrative Court - Vice-President Prof. Dr. Andreas Korbmacher and President of the Association of German Administrative Judges - Dr. Robert Seegmüller. The inaugural lecture on the judicial dialogue between the Federal Constitutional Court and the Court of Justice of the European Union and the application of European law by both Courts was delivered by Prof. Dr. Peter M. Huber - judge of the Federal Constitutional Court.
During 2 days of the conference, within total 21 working forums current issues of public law, including among others refugee and foreigners law, administrative and administrative court proceedings, public service law, environmental law, construction law, spatial planning and development law, as well as construction, telecommunications, food, municipal law, social assistance and commercial administrative law were discussed.
The Supreme Administrative Court was represented by Przemysław Florjanowicz-Błachut - chief specialist in the Chancellery of the President of the SAC, a representative of the President for partnership relations with the Federal Administrative Court of Germany.
26-28 April 2022 r., Geneva (Switzerland)
On April 26-28, 2022, at the UN headquarters in Geneva, conferences were held on judicial decisions in matters of climate change and air quality, and access to justice in environmental matters (the Åarhus Convention). The Supreme Administrative Court was represented during these meetings by judge of the Supreme Administrative Court Teresa Zyglewska.
During the conference, judges from all continents adjudicating in environmental cases presented an outline of the legal systems in force in their countries relating to air protection and access to justice in relation to procedural issues referred to in the Åarhus Convention.
7-9 April 2022, Vilnius (Lithuania)
On 7-9 April 2022, in Vilnius took place the seminar on the topic: “Constitutional Consciousness as a Remedy for the Crisis of Discourse and Democracy Deficit in the European Union” organized by the Supreme Administrative Court of Lithuania and the Vilnius University Faculty of Law. The Supreme Administrative Court of Poland was represented by judges: Professor Marek Zirk-Sadowski, the Director of Judicial Decisions Bureau of SAC and dr hab. prof. UŁ Bartosz Wojciechowski, the Head of European Law Division in Judicial Decisions Bureau of SAC, who gave a lecture on “Dynamism and deliberativeness in the interpretation of law on the example of cases concerning LGBTQ rights". Other lectures given by judges od the SAC of Lithuania as well as by Lithuanian and Polish academics focused, among others on contemporary aspects of the principle of proportionality, the right to an effective remedy in freedom of expression cases in the light of the rule of law principle, effective judicial protection under EU law, the harmonization of the national legal framework of disciplinary liability of judges with international standards as well as national identity as a constitutional value.
29-30 March 2022, Prague (Czech Republic)
On 29-30 March 2022 in Prague took place the meeting of the national contact points of the European Judicial Training Network (EJTN). Poland was represented by the employees of the National School of Judiciary (Polish EJTN member). The Supreme Administrative Court (EJTN partner in Poland) was represented by Ms. Małgorzata Szyszkowska, the chief specialist in the Chancellery of the President of the Supreme Administrative Court. During the meeting the activities of the EJTN in the year 2021 and also the planned activities and perspectives for years 2022-2023 were discussed.
2021
6 December 2021 (Paris)
On 6th December 2022, on the premises of the Council of Sate of France took place the 2nd seminar organised under the Italian Presidency of the Association of Councils of State and Supreme Administrative Jurisdictions of the European Union 9ACA-Europe). The seminar was devoted to a discussion on “The judicial review of regulatory authorities”. A general report was prepared on the basis of the questionnaire and national reports, including the report of the Supreme Administrative Court of Poland.
During the seminar, speakers representing the seventeen member courts of ACA-Europe discussed: the courts competent to hear disputes involving the acts of regulatory authorities, the admissibility of appeals against the acts of such authorities, the extent of judicial review of the acts of regulatory authorities and the place occupied by the courts in the regulatory ecosystem.
The Supreme Administrative Court was represented during the seminar by SAC judge dr hab. prof. UŁ Bartosz Wojciechowski, Head of the European Law Division in the Judicial Decisions Bureau of the SAC.
2020
31st January 2020, Strasbourg (France)
On behalf of the President of the Supreme Administrative Court (SAC), Vice-president of the SAC Jacek Chlebny - President of the General Administrative Chamber, represented Polish administrative judiciary during the official opening of the Judicial Year 2020 of the European Court of Human Rights that took place on 31st January 2020 in Strasbourg. He also took part in a seminar on the topic “The European Convention on Human Rights: living instrument at 70”. Following the seminar, President of the ECtHR Mr. Linos-Alexandre Sicilianos addressed an audience at the solemn hearing.
22-24 January 2020, Valletta (Malta)
Vice-president of the Supreme Administrative Court Jacek Chlebny - President of the General Administrative Chamber attended the Annual Coordination and Planning Meeting organized by the European Asylum Support Office (EASO). This meeting provided an opportunity to discuss the EASO’s activities in 2019 and EASO’s work programme 2020.
2019
3 December 2019, Brussels (Belgium)
Ms Marta Kulikowska, chief specialist in the Office of the President of the Supreme Administrative Court, took part in the meeting of the working group of the Association of Councils of State and Supreme Administrative Jurisdictions of the European Union (ACA-Europe) in Brussels. The meeting was devoted to the development and improvement of the Juri.Fast database containing the administrative courts’ decisions, which is publicly available on the ACA-Europe website.
17-19 November 2019, Luxembourg (Luxembourg)
On 17-19 November 2019 in Luxembourg a forum of judges and prosecutors of higher court instances of the European Union Member States, organized by the Court of Justice of the European Union (CJEU) took place. The Supreme Administrative Court was represented by the Judges of the Supreme Administrative Court of Poland: Małgorzata Korycińska, Małgorzata Niezgódka-Medek, Iwona Bogucka, Cezary Pryca and Wojciech Kręcisz.
During the meeting lectures and workshops regarding: recent CJEU case-law concerning procedural aspects of preliminary ruling proceedings and judicial independence, as well as regarding the horizontal application of the Charter, notion of implementation of Union law and limitations on the exercise of fundamental rights, were held. Participants also took part in the hearing before the Grand Chamber of the Court.
7 November 2019, Kiev (Ukraine)
On 7th November 2019 in Kiev, at the headquarters of the Supreme Court of Ukraine - Administrative Court of Cassation, a scientific conference “International Judicial Forum - Judicial protection of the environment and environmental rights” was held. The conference was led by judge Mikhailo Smokovitsh - President of the Administrative Court of Cassation in the Supreme Court of Ukraine. The meeting was attended by judges from Ukraine, Austria, China, Lithuania and Poland, as well as by representatives of science. The Supreme Administrative Court of Poland was represented by: Janusz Drachal, President of the SAC Commercial Chamber with a lecture: “Environmental protection as part of economic processes. Experiences of administrative courts", Bartosz Wojciechowski, judge of the SAC Financial Chamber with a lecture: “The line of adjudication of the European Court of Justice on the conservation of natural habitats and of wild fauna and flora”, Krzysztof Winiarski, judge of the SAC Financial Chamber with a lecture: “Impact of tax policy on wind power plants in Poland”.
4 – 15 November 2019, Leipzig (Germany)
On 4 –15 November 2019 prof. UJ dr hab. Adam Nita – professor of the Jagiellonian University in Krakow and judge of the Voivodship Administrative Court in Gliwice, took part in the 2 weeks study visit in the Federal Administrative Court of Germany (Bundesverwaltungsgericht) in Leipzig. The visit was organised within bilateral partnership and exchange programme between the Polish Supreme Administrative Court and the Federal Administrative Court of Germany.
During the study visit Judge Nita held meetings with the President of the Court Prof. Dr. Dr. h.c. Klaus Rennert, as well as judges of the 3rd, 8th and 9th Senates. He had also opportunity to participate both at pre-deliberations and hearings before the 3rd Senate, in cases regarding transport law and food law. He observed also court hearings before 2nd and 8th Senates in cases regarding occupational pension provision, gambling and lottery law; labour law regarding civil servants and soldiers as well as legal status of judges (elections of federal judges).
Moreover he visited the Administrative Court in Leipzig (court of first instance) where he met the President of that Court judge Brigitta Braun. Judge Nita observed further court hearings before one among Chambers of that Court in asylum cases.
21-22 October 2019, Warsaw
On 21-22 October, a scientific conference for judges' assistants of the Supreme Administrative Court (SAC) took place in Warsaw. The conference was entitled "Assistant of the administrative judge – comparative and practical issues" and was organized by the Judicial Decisions Bureau of the SAC.
The conference was opened by Prof. dr hab. Marek Zirk-Sadowski, the President of the Supreme Administrative Court, stressing that it is the first scientific conference in the history of administrative judiciary concerning the role and work of judicial assistants, conducted by themselves.
The inaugural lecture was delivered by Prof. dr hab. Marek Safjan, judge at the Court of Justice of the European Union, whose speech was devoted to the issues of the application of European law by a national judge, in particular in the context of the principles of effectiveness of EU law and procedural autonomy of the Member States. The following lecture was delivered by prof. UJ dr hab. Nina Półtorak, whose speech concerned proceedings before the courts of the European Union and the role of court referendaries.
The first day of the conference was devoted to comparative legal issues. Apart from the judicial assistants of the SAC, the assistants from the Supreme Administrative Courts of the Czech Republic and Lithuania as well as from the Federal Administrative Court gave speeches. The speeches concerned the position and the role of the assistant in the administrative court, the methodology of work with the judge and the perspectives for the professional development of judges’ assistants in each of these countries. During the second day of the conference, the sessions were held in three groups, corresponding to the Chambers of the Supreme Administrative Court. The issues presented during the day were diverse and related to the current problems of jurisprudence, which the assistants of a judge face in their practice. The subjects of the second day of the conference concerned new institutions in the Polish legal system, constitutional law and European law.
14-17 October 2017, Vilnius, Kaunas (Lithuania)
On 14-17 October the President of Supreme Administrative Court (SAC), Prof. Marek Zirk-Sadowski, Vice-Presidents of the SAC: Jacek Chlebny – President of the General Administrative Chamber and SAC judge Janusz Drachal - President of the Economic Chamber together with the delegation were received by the President of the Supreme Administrative Court of the Republic of Lithuania, President Gintaras Kryževičius. The delegation also paid a visit to the Regional Administrative Court in Kaunas where the guests met with its President, Rimantas Giedraitis.
During a number of working meetings, the constitutional position, competences and organizational structure of the administrative courts of both countries, as well as the status of administrative judges, the recruitment procedure for the position of a judge and the rules of proceedings before administrative courts were discussed.
7 October 2019, Brussels (Belgium)
Vice-President of the Supreme Administrative Court (SAC) Jacek Chlebny - President of the General Administrative Chamber of the SAC took part in a meeting of the working group of the Association of Councils of State and Supreme Administrative Jurisdictions of the European Union (ACA-Europe) in Brussels. The group worked on the Cross-sectional analysis 2019 for the “2019 EU Justice Scoreboard”.
17 – 18 September 2019, Poznań
On 17-18 September at the seat of the Voivodship Administrative Court (VAC) in Poznań, the 3rd Polish-German working meeting of administrative judges took place within the framework of cooperation between the Supreme Administrative Court (SAC) and the Federal Administrative Court.
The purpose of the meeting organised by the SAC in close cooperation with the VAC in Poznań was to strengthen the exchange of knowledge and experience in the field of interpretation and application of administrative law by the Polish and German administrative courts.
The delegation from the Federal Administrative Court attended the meeting: Prof. Dr. Dr. h.c. Klaus Rennert - President, Prof. Dr. Andreas Korbmacher - Vice-President, Judges: Dr. Markus Kenntner and Dr. Stefan Langer and the Presidents of the Higher Administrative Courts of Berlin-Brandenburg (Judge Joachim Buchheister), Lower Saxony (Dr. Thomas Smollich), Saxony (Judge Erich Künzler) and Thuringia (Dr. Klaus Hinkel).
In turn the Polish administrative judiciary was represented during the meeting by the President of the SAC Prof. dr hab. Marek Zirk-Sadowski, Vice-President of the SAC Jacek Chlebny and SAC and VAC judges, including President and Vice-President of the VAC Poznań and Presidents of VACs in Gliwice, Krakow and Warsaw.
The topics of this year's meeting concerned the scope and limits of judicial independence, the latest jurisprudence of Polish and German administrative courts in the field of environmental law and computerisation of administrative court proceedings in both countries.
During working seminars on each of these topics, the papers were delivered by Polish judges of the SAC: Prof. dr hab. Marek Zirk-Sadowski (“Judicial independence in the light of the principle of separation of powers and the procedure for appointing judges”), prof. UŁ dr hab. Jacek Chlebny (“Problems of environmental law jurisprudence. Protection against smog”), Jerzy Stankowski (“Selected issues related to the location and construction of wind power plants in Polish law and in the jurisprudence of administrative courts”) and Tomasz Kolanowski (“Computerisation of administrative court proceedings”) and by the German judges: Prof. Dr. Dr. h.c. Klaus Rennert („The judge's discretion - on the legitimacy of judicial power”), Erich Künzler (”Independence and [administrative] supervision / situations of danger for independence”), Prof. Dr. Andreas Korbmacher („Environmental law in the jurisprudence of the Federal Administrative Court”), Dr. Markus Kenntner („Wind energy plants – legal standing of state authorities”), Joachim Buchheister („Informatisation/digitisation of administrative court proceedings. - Protection of Information Society Data in Court Proceedings”) oraz Dr. Thomas Smollich („Informatisation/digitisation of courts - impact on the functioning of the judiciary”).
The meeting was also attended by specialists from the Chancellery of the SAC President and the Judicial Decisions Bureau of the SAC.
12-14 September 2019, Helsinki (Finland)
On 12-14 September 2018 in Helsinki a conference on theme: The role of science in environmental adjudication organized by EU Forum of Judges for the Environment (EUFJE) was held. During the meeting the Supreme Administrative Court was represented by Judges of the Supreme Administrative Court of Poland: Professor Jerzy Stelmasiak and Teresa Zyglewska.
12-13 September 2019, Paris (France)
The conference of the Chief Justices of the Supreme Courts of the Council of Europe Member States, organised by the Constitutional Council, the Council of State and the Court of Cassation of France, took place on 12-13 September in Paris. During the debates, the right to an effective remedy before a court, relations between national courts and the European Court of Human Rights and issues concerning the right to freedom of expression facing the respect for private and family life were discussed.
The Supreme Administrative Court was represented at this conference by the Vice-President of the Court Jacek Chlebny – President of the General Administrative Chamber of the Court.
3-12 September 2019, Beijing (China)
Judge of the Supreme Administrative Court (SAC), dr hab. prof. UŁ Bartosz Wojciechowski – Head of the European Law Division in the Judicial Decisions Bureau of the SAC, participated from 3-12 September in the exchange programme for administrative judges organized by the International Association of Supreme Administrative Jurisdictions (IASAJ) at the Supreme People's Court of China.
During the internship, judge Wojciechowski met i.a. with the Chief Judge of the Administrative Division of the Supreme People's Court and the Deputy Director and employees of the International Cooperation Department of this Court. Judge Wojciechowski also visited, among others, the Information Management Centre, the Ministry of Justice, the National Judges College, the Intellectual Property Court and the China University of Political Science and Law.
During the meetings, the following issues were discussed: the practical aspects of an administrative judge work, deliberations and court hearings in administrative cases, the scope of discretionary power of a judge, relations between the judicial and executive power, the system of common and administrative courts in Poland, the process of appointing judges and the status of judges, the role of judges in a country under rule of law, the enforcement of judgments of administrative courts.
10 September 2019, Brussels (Belgium)
Vice-President of the Supreme Administrative Court, Jacek Chlebny - President of the General Administrative Chamber took part in the Board Meeting of the Association of the Councils of State and the Supreme Administrative Jurisdictions of the EU (ACA-Europe) in Brussels.
9 September 2019, Luxembourg (Luxembourg)
On 9 September 2019, at the seat of the Court of Justice of the European Union (CJEU), the second meeting of the Correspondents of the European Union Judicial Network - an online platform created by the CJEU and containing the case law of the CJEU, the case law of national courts related to EU law and information on the application of international law and EU law was held. During the meeting, issues concerning the current functioning of the Network and the perspectives for its development were discussed.
The Supreme Administrative Court was represented at the meeting by the SAC judge, dr Anna Dumas, Vice President of the Voivodship Administrative Court in Cracow.
9 September 2019, Brno (Czech Republic)
Judge of the Supreme Administrative Court Roman Wiatrowski took part in a seminar on Measures to Facilitate and Restrict Access to Administrative Courts organised by the Association of Councils of State and Supreme Administrative Jurisdictions of the EU (ACA-Europe) and the Supreme Administrative Court of the Czech Republic. During the seminar the structure of administrative judiciary, issues related to fees and cost of proceedings, as well as other measures which simplify or restrict access to the courts were discussed.
2 July 2019, Brussels (Belgium)
Vice-President of the Supreme Administrative Court (SAC), dr hab. prof. UŁ Jacek Chlebny - President of the General Administrative Chamber of the SAC took part in a meeting of the working group of the Association of Councils of State and Supreme Administrative Jurisdictions of the European Union (ACA-Europe) in Brussels. The group worked on the Cross-sectional analysis 2019 for the “2019 EU Justice Scoreboard”.
24-27 June 2019, Mexico City (Mexico)
On 25-27 June 2019 in Mexico City took place the XII Congress „Public Law and Digital Technologies” organised by the International Association of Supreme Administrative Jurisdictions (IASAJ) in cooperation with the Federal Court of Administrative Justice of Mexico, as well as the IASAJ Board Meeting and the General Assembly. During the Congress the impact of digital technologies on administrative jurisdictions, digital jurisdiction security, ethics, criminal liability and digital tools were discussed.
The IASAJ Board decided inter alia to accept the application of the Supreme Administrative Court of Jordan to the Association, to organise the next Congress in cooperation with the Belgian Council of State and to appoint the new Secretary-General of the IASAJ, Mrs Martine de Boisdeffre, President of the Section of Reports and Analysis in the French Council of State. The Supreme Administrative Court of Poland has been chosen the member of the Management Committee of the IASAJ for the next term, until year 2022.
The Supreme Administrative Court was represented by the Vice-President of the SAC and the President of the Commercial Chamber judge Janusz Drachal and by the SAC judge Tomasz Kolanowski, responsible for computerisation of proceedings before administrative courts.
13-14 June 2019, Budapest (Hungary)
On 13-14 June 2019 judge of the SAC Tomasz Kolanowski took part in an international conference on “Digitalization for V4 countries”, organized in Budapest by the Hungarian Academy of Justice (HAJ). During the first day of the meeting judge Tomasz Kolanowski participated in discussion panels on digital training in the judiciary and digital tools used in the courtroom. The programme of the second day of the conference included workshops on electronic communication and administration as well as digital solutions in the field of court management.
6-7 June 2019, Strasburg (France)
On 6-7 June 2019 the European Court of Human Rights in Strasbourg held the third Focal Points Forum of the Superior Courts Network (SCN). Representatives of the courts from 34 countries met judges and employees of the ECHR and discussed the Knowledge Sharing for SCN created by the ECHR, which is one-stop gateway to case-law knowledge and thematic analyzes. In addition, during the meeting a speech was delivered on the subject of collective understanding and enforcement of fundamental rights in Europe, and the ECHR case-law related to immigration and terrorism was also presented.
The Supreme Administrative Court was represented by Ms Marta Kulikowska, Head of Domestic and Foreign Relations.
31 May 2019, Vilnius (Lithuania)
The President of the Supreme Administrative Court of Poland, Prof. dr hab. Marek Zirk-Sadowski took part in the international scientific conference New Challenges and Experiences in Administrative Proceedings at the invitation of the President of the Supreme Administrative Court of Lithuania, Gintaras Kryževičius. The conference was organized to celebrate the twentieth anniversary of the establishment of administrative courts in Lithuania. During the conference, the President of the Supreme Administrative Court gave a lecture on The cassation-type model of the Polish administrative court proceedings and the exercising of the constitutional right of access to court (fair trial). The conference was also attended by representatives of, among others, the Court of the European Union, the Supreme Administrative Court of Finland and representatives of German and Lithuanian universities.
22 May 2019, Brussels (Belgium)
Ms Marta Kulikowska – Head of Domestic and Foreign Relations, team in the Chancellery of the President of the SAC took part in the meeting of the working group of the Association of Councils of State and Supreme Administrative Jurisdictions of the European Union (ACA-Europe) in Brussels. The meeting was devoted to the development and improvement of the Juri.Fast database containing the administrative courts’ decisions, which is publicly available on the ACA-Europe website.
15-17 May 2019, Darmstadt (Germany)
Judge of Supreme Administrative Court adjudicating in the Financial Chamber dr. hab. prof. UŁ Bartosz Wojciechowski – Head of the European Law Division of the Judicial Decisions Bureau and Przemysław Florjanowicz-Błachut – foreign relations officer and chief specialist at Domestic and Foreign Relations, team in the Chancellery of the President of the SAC took part in the 19th German Congress of Administrative Judiciary organized by Association of German Administrative Judges (Bund Deutscher Verwaltungsrichter und Verwaltungsrichterinnen) in cooperation with the local Administrative Court of Darmstadt (federal state of Hessen).
Judge Wojciechowski within the international discussion panel, co-organized by the working group “Independence-Efficiency” of the Association of European Administrative Judges (AEAJ) gave a lecture on „The discretionary power of judge”.
During the Congress within 14 working groups it has been discussed inter alia the current legal development in the European and German asylum, spatial and environmental law, the digitalization and digital security in administrative and administrative court proceedings as well as ethical and practical standards of “good judging” and the discretionary power of judge.
13-14 May 2019, Berlin (Germany)
Vice-President of the Supreme Administrative Court dr hab. prof. UŁ Jacek Chlebny – President of the General Administrative Chamber of the SAC and Ms Marta Kulikowska – Head of Domestic and Foreign Relations, team in the Chancellery of the President of the SAC took part in the Annual General Assembly of the Association of State and Supreme Administrative Courts of the EU (ACA-Europe) and in the seminar on Functions of and Access to Supreme Administrative Courts, co-organized by the Federal Administrative Court.
The main topics of the seminar were the purposes of supreme administrative courts, binding effects of their decisions and filter systems for appeals to the supreme administrative courts. During the second panel of the seminar devoted to the binding effects of the court’s decisions the Vice-President of the SAC, prof. Jacek Chlebny delivered a speech titled “Resolutions – how to ensure the consistency of case law?”. A general report prepared on the basis of national reports sent by ACA-Europe member institutions (including the SAC) was presented.
Vice-President of the SAC as a Treasurer of the Association also participated in the ACA-Europe Board meeting.
1-2 April 2019, Lisbon (Portugal)
On 1-2 April 2019 in Lisbon at the seat of the Centre for Judicial Studies took place the meeting of the national contact points of the European Judicial Training Network (EJTN). Poland was represented by the employees of the National School of Judiciary (Polish EJTN member). The Supreme Administrative Court (EJTN partner in Poland) was represented by Ms. Marta Kulikowska, Head of Domestic and Foreign Relations, team in the Chancellery of the President of the Supreme Administrative Court. During the meeting the activities of the EJTN in the year 2018 and also the planned activities and perspectives for years 2019-2020 were discussed.
25-26 March 2019, Dublin (Ireland)
On 25-26 March 2019 Vice-President of the Supreme Administrative Court dr hab. prof. UŁ Jacek Chlebny and Marta Kulikowska - Head of Domestic and Foreign Relations, team in the Chancellery of the President of the SAC took part in the seminar “How Courts Decide: The Decision-Making Process of Supreme Administrative Courts”, organised at the Dublin Castle by the Supreme Court of Ireland and the Association of Councils of State and Supreme Administrative Jurisdictions of the European Union (ACA-Europe). For the purposes of the seminar, on the basis of 28 national reports from the ACA-Europe member institutions, the General Report was prepared. The General report was presented by Frank Clarke – Chief Justice of the Supreme Court of Ireland within first session of the meeting.
Within three next sessions the following issues were presented and discussed by presenters and participants: the oral hearings; delibetarions of judges and methods of discussion; the use of dissenting opinions in the reasonings; the role of legal support staff; the use and nature of chambers/divisions and panels; the specialisation of judges; the use of Grand Chambers or Plenary Sessions. During the fird session President Chlebny delivered a speech about the Allocation of Roles of Desicsion-Makers in the Supreme Administrative Court of Poland.
Participants also took part in the hearing before the Supreme Court of Ireland in case P v. Ministry for Justice & Equality.
25 January 2019, Strasbourg (France)
On behalf of the President of the Supreme Administrative Court (SAC), judge of the SAC, dr Anna Dumas, Vice-President of the Voivodship Administrative Court in Cracow, represented Polish administrative judiciary during the official opening of the Judicial Year 2019 of the European Court of Human Rights that took place on 25 January 2019 in Strasbourg. She also took part in a seminar on the topic “Strengthening Confidence in the Judiciary”. Following the seminar, President of the ECtHR Mr. Guido Raimondi and Mr. Laurent Fabius, President of the French Constitutional Council, addressed an audience at the solemn hearing.
21-22 January 2019, Valletta (Malta)
Vice-president of the Supreme Administrative Court, prof. UŁ dr hab. Jacek Chlebny - President of the General Administrative Chamber attended the Annual Coordination and Planning Meeting organized by the European Asylum Support Office (EASO). This meeting provided an opportunity to discuss the EASO’s activities in 2018 and EASO’s work programme 2019.
2018
10 December 2018, Brussels (Belgium)
Vice-President of the Supreme Administrative Court (SAC), dr hab. prof. UŁ Jacek Chlebny - President of the General Administrative Chamber of the SAC took part in a meeting of the working group of the Association of Councils of State and Supreme Administrative Jurisdictions of the European Union (ACA-Europe) in Brussels.
2-4 December 2018, Cologne (Germany)
Vice-President of the Supreme Administrative Court (SAC) – President of the General Administrative Chamber prof. UŁ dr hab. Jacek Chlebny took part in the seminar “ReNEUAL I. Administrative Law in the European Union. Single Case Decision-Making” co-organized by the Association of the Councils of State and Supreme Administrative Jurisdictions of the EU (ACA-Europe) and by the Federal Administrative Court of the Federal Republic of Germany.
The main topic of the colloquium were the issues of the legal position of different categories of parties to the proceedings and the administrative determination of facts and discretionary powers. The general report prepared on the basis of national reports sent by 28 ACA-Europe member institutions (including the SAC) was presented. Within the programme of the seminar the moot court based on the case regarding the legality of the permit under pollution control law for the construction of a small wind farm was organized.
30 November 2018, Vienna (Austria)
On 30 November 2018 judge of the Supreme Administrative Court of Poland, dr Tomasz Kolanowski took part in the “Conference on the effectiveness of justice systems”, co-organized by the Austrian Presidency of the Council of the European Union and by the European Commission – Directorate-General for Justice and Consumers.
During the conference the quality of justice systems for citizens and business and their economic impact, as well as risks and opportunities of digitalization in judiciary were presented and discussed among the participants.
26 November 2018, Paris (France)
President of the Supreme Administrative Court, prof. dr hab. Marek Zirk-Sadowski and Ms. Marta Kulikowska, Head of the Domestic and Foreign Relations, took part in the meeting of the Management Committee of the International Association of Supreme Administrative Jurisdictions (IASAJ).
During the meeting the Activity Report of the IASAJ as well as its Financial Statement was presented. The participants discussed also material and logistical organization of the next Congress (Mexico City 2019), exchange programme for administrative judges and the development of the website of the Association.
22-23 November 2018, Luxembourg (Luxembourg)
Vice-president of the Supreme Administrative Court (SAC), President of the General Administrative Chamber of the SAC, dr hab. prof. UŁ Jacek Chlebny attended in the High Level Judicial Roundtable with CJEU, ECtHR and IARLJ-Europe, which was organized by the European Asylum Support Office (EASO) and took place on 22-23 November 2018 in the seat of the Court of Justice of the European Union in Luxembourg.
President Chlebny gave a lecture during the IV. Session of the meeting, titled: Push-backs at the land border.
18-20 November 2018, Luxembourg (Luxembourg)
On 18-20 November 2018 in Luxembourg a meeting of judges from the first instance courts and courts of appeal of the European Union Member States, organized by the Court of Justice of the European Union (CJEU), took place. The Supreme Administrative Court (SAC) was represented by Judges of the Financial Chamber of the SAC: Mr. Roman Wiatrowski and Mr. Tomasz Kolanowski.
During the meeting lectures and workshops on procedural issues, as well as on the current case law of the CJEU, were held. Participants also took part in the hearing before the Grand Chamber of the Court.
16-17 November 2018, Sofia (Bulgaria)
On 16-17 November 2018 a conference Training and Specialisation in Environmental Law organised by the EU Forum of Judges for the Environment (EUFJE) was held in Sofia.
The Supreme Administrative Court (SAC) was represented by judges of General Administrative Chamber of the SAC: Ms. Teresa Zyglewska and Prof. dr hab. Jerzy Stelmasiak.
18-19 October 2018, Vienna (Austria)
On 18-19 October 2018 judge of the Supreme Administrative Court of Poland (SAC) dr Iwona Bogucka – Head of the 4th Division of the Judicial Decisions Bureau of the SAC took part in the seminar “Data Protection in the Judiciary. New EU rules and best practice in the Member States”, organized by the Academy of European Law in Trier (Germany) in cooperation with Supreme Court of Justice of the Republic of Austria.
During the meeting i.a. the issues of ensuring data protection in the light of GDPR in national courts, the Court of Justice of European Union, European Court of Human Rights, in the police and justice sectors and within cross-border judicial cooperation and communication, as well as the using of digital technologies in courts within the different fields (access to case files, camera in the courtroom, anonymisation of court decisions, press releases) were presented and discussed among the participants.
18-19 October 2018, Tallinn (Estonia)
On 18-19 October 2018 Marta Kulikowska - Head of the Domestic and Foreign Relations (team in the Supreme Administrative Court of Poland) attended a seminar on the issue of „Due Process” organized by the Association of Council of State and Supreme Administrative Jurisdictions of the European Union (ACA-Europe) and the Supreme Court of Estonia. For the purposes of the seminar, on the basis of 30 national reports from the ACA-Europe member institutions, the general report was prepared.
During the seminar the following issues were presented and discussed: cross-border administrative proceedings, judicial protection, due process and trends towards efficiency in the light of Europe’s post-totalitarian constitutional tradition, right to public hearing and efficiency of court proceedings in the context of simplified proceedings.
11-13 October 2018, Lizbon (Portugal)
On 11-13 October 2018 the seminar on Intra Community Supplies and Triangular Transactions was held in Lisbon. The seminar was organized by the Association of European Administrative Judges (AEAJ – Working Group Taxation) in cooperation with the Supreme Administrative Court of Portugal. Judges of Supreme Administrative Court adjudicating in the Financial Chamber: dr. hab. prof. UŁ Bartosz Wojciechowski - Head of the European Law Division of the Judicial Decisions Bureau, dr. Roman Wiatrowski and dr. Krzysztof Winiarski took part in the meeting. During the seminar judge Roman Wiatrowski gave a lecture titled Proof of Transportation. Judge Bartosz Wojciechowski also took the floor presenting a speech on the subject of discretionary power of administrative judges.
8-12 October 2018, Paris (France)
Judge of the Supreme Administrative Court dr Anna Dumas – the President of the Voivodship Administrative Court in Cracow and Ms. Marta Kulikowska – Head of Domestic and Foreign Relations, team in the Supreme Administrative Court participated in a weekly internship organized by the Council of State of France (Conseil d'État).
During the visit, Judge Dumas and Ms. Kulikowska discussed with members of the Council of State in the 1st, 2nd and 4th Chamber of the Litigation Section (Section du contentieux) and in the Section of Public Works (Section des travaux publics). The role and significance of the Council of State in the administrative judiciary system, as well as the role of the public rapporteur in the judicial proceedings before the Council of State were particularly discussed. The consultative function of the Council of State as a body preparing and issuing opinions on draft of law and draft of government decrees with the power of law (projets d'ordonnance) was presented. The subject of constitutional questions, referred by the Council of State to the French Constitution Council (Conseil constitutionnel), was also presented. Judge Dumas took part in the public session (seance publique) of the Litigation Section and in deliberations of the 9th and 10th Chamber of this Section. On the other hand, Ms. Kulikowska met Ms. Natalie Laurent-Atthalin, the Chef of the Cabinet (Cheffe de cabinet) in the Council of State, responsible for the International Association of Supreme Administrative Courts (IASAJ).
President Dumas and Ms. Kulikowska also held meetings at the Center for Legal Research and Dissemination of Jurisprudence (Centre de recherches et de difussion juridiques), where they got acquainted with the methods of working on comparative law studies; in the Directorate of Information and Communications (Direction de l'information et de la communication), where they discussed the information policy of the Council of State, and got acquainted with the work of the Report and Studies Section (Section du rapport et des études) of the Council of State, where the legal measures for the enforcement of judgments issued by the Council of State Litigation Section and by tribunals and administrative courts were presented.
4 October, 2018, Luxembourg (Luxembourg)
On 4 October 2018 in Luxembourg a conference on the challenges facing modern law libraries organized by the Court of Justice of the European Union was held. During the conference, the evolution of the libraries manner of functioning and expectations towards library professions were presented, as well as changes in the methods of acquiring new resources and bibliographic research.
The Supreme Administrative Court was represented by Ms. Małgorzata Szyszkowska, specialist in the Domestic and Foreign Relations, team at the Chancellery of the President of the Supreme Administrative Court.
1-2 October 2018, Brussels (Belgium)
Vice-president of the Supreme Administrative Court (SAC), President of the General Administrative Chamber of the SAC, dr hab. prof. UŁ Jacek Chlebny took part in the final conference of the judicial training project “Roadmap to European Effective Justice (Re-Jus): Judicial Training Ensuring Effective Redress to Fundamental Rights Violations”; project co-funded by the Justice Programme of the European Union JUST/2015/JTRA/AG/EJTR/8703.
During the first day of the conference President Chlebny took part in the discussion of project results within the field devoted the “Effectiveness, proportionality and dissuasiveness in the enforcement of EU law: how general principles may stimulate judicial dialogue between European and national courts”. On the second day of the meeting Professor Chlebny gave one of the keynote speeches regarding the question of „The impact of article 47 CFREU on national caselaw between general principles and sectorial application”. In addition, he also took part in the roundtable on “Access to justice and effective protection of immigrants and asylum seekers: the impact of article 47 CFREU, in the light of recent developments of EU law”.
20-21 September 2018, Prague (Czech Republic)
On 20-21 September 2018 an international scientific conference "Currency, Taxes and Other Institutes of Financial Law in the Year of the 100th Anniversary of the Founding of Czechoslovakia", organized by the Department of Financial Law and Financial Science of the Faculty of Law of the Charles University, was held in Prague. Dr hab. prof. SGH Dominik Gajewski - Head of the Economic Analyses Team of the Judicial Decisions Bureau in the Supreme Administrative Court participated in the conference.
17-28 September 2018, Leipzig (Germany)
On 17-28 September 2018 prof. UŁ dr hab. Agnieszka Krawczyk – judge of the Voivodship Administrative Court in Warsaw, delegated to the Financial Chamber of the Supreme Administrative Court of Poland (SAC) took part in the 2 weeks study visit in the Federal Administrative Court of Germany (Bundesverwaltungsgericht) in Leipzig. The visit was organised within bilateral partnership between the Polish SAC and the Federal Administrative Court of Germany.
During the study visit Judge Krawczyk held meetings with the President of the Court Prof. Dr. Dr. h.c. Klaus Rennert, the Presiding judge of the 7th Senate, Prof. Dr. Andreas Korbmacher, as well as judges of the 2nd, 7th and 8th Senates. She had also opportunity to particpate both at pre-deliberations and hearings before the 2nd, 7th and 8th Senates, in cases regarding: public services law and labour law regarding civil servants and soldiers; environmental law and waste law; gambling law, law of certification and accreditation of the market and press law.
Moreover she visited the Administrative Court in Leipzig (court of first instance) where she met the President of that Court judge Brigitta Braun and judge Joanna Gabrysch – member of the Polish-German Association of Judges. Judge Krawczyk observed further court hearings before 5th Chamber of that Court and held the working meeting with mediators employed in the Administrative Court of Leipzig.
12-14 September 2018, Catania (Italy)
Vice-president of the Supreme Administrative Court (SAC), President of the General Administrative Chamber of the SAC, dr hab. prof. UŁ Jacek Chlebny attended workshops and conference "The Right to Effective Judicial Protection under EU Asylum Law" organized in Catania by International Association of Refugee & Migration Judges (IARMJ) - Europe and Scuola Superiore Delia Magistratura (SSM) with the participation of the European Asylum Support Office (EASO) and the United Nations High Commissioner for Refugees (UNHCR).
During the first day of the conference President Chlebny chaired the panel concerning the future of Common European Asylum System (CEAS).
3 September 2018, Brussels (Belgium)
Vice-President of the Supreme Administrative Court, dr hab. prof. UŁ Jacek Chlebny - President of the General Administrative Chamber took part in the Board Meeting of the Association of the Councils of State and the Supreme Administrative Jurisdictions of the EU (ACA-Europe) in Brussels.
18-22 June 2018, Seoul (South Korea)
Vice-president of the Supreme Administrative Court (SAC), President of the General Administrative Chamber of the SAC, dr hab. prof. UŁ Jacek Chlebny attended in the 10th World Congress of Constitutional Law, which took place from 18 to 22 June 2018 in Seoul.
President Chlebny gave a lecture in the judicial panel during the Fourth Plenary Session of the Congress titled: „The right to an effective judicial protection in immigration and asylum cases from a national judge’s perspective”.
8 June 2018, Strasburg (France)
On 8 June 2018 the European Court of Human Rights in Strasbourg held the second Focal Points Forum of the SCN (Superior Courts Network). Representatives from 59 different courts from 33 countries met the ECHR Judges and their Registry counter parts (SCN Focal Points) for a one-day working session which includes the entry into force of Protocol No. 16 and its practical implementation, as well as discussions concerning the practical aspects of functioning the SCN. The Supreme Administrative Court was represented by Ms Marta Kulikowska, Head of Domestic and Foreign Relations.
The SCN was born out of a desire to create a more structured and effective dialogue between the Strasbourg Court and the national Superior Courts on exchanging knowledge on Convention case-law.
14-15 May 2017, The Hague (The Netherlands)
Vice-President of the Supreme Administrative Court prof. UŁ dr hab. Jacek Chlebny and Marta Kulikowska - Head of Domestic and Foreign Relations, team in the Chancellery of the President of the SAC took part in the Annual General Assembly of the Association of State and Supreme Administrative Courts of the EU (ACA-Europe) and in the colloquium on the topic of An exploration of Technology and the Law.
Vice-President of the SAC was re-elected Treasurer of ACA-Europe by the General Assembly.
The main topic of the colloquium were the issues of automatic (digital) making of administrative decisions and their enforcement, as well as the related issues of personal data protection and “technology-neutral” legislation. A general report prepared on the basis of national reports sent by 29 ACA-Europe member institutions (including the SAC) was presented. Vice-President of the SAC as a Treasurer of the Association also participated in the ACA-Europe Board meeting.
22 – 23 March 2018, Vienna (Austria)
On 22-23 March 2018 the delegation of judges of the Voivodship Administrative Court in Gliwice which was led by judge of the Supreme Administrative Court Leszek Kiermaszek – President of the Court, paid a study visit to the Federal Finance Court and Federal Administrative Court in Vienna. The visit took place within the framework of partner contacts between the judges of Court in Gliwice and the Umbrella Association of Austrian Administrative Judges.
The Polish delegation was received by the President of the Federal Financial Court Dr. Daniela Moser and the Vice-President of the Federal Administrative Court Dr. Michael Sachs. During the meetings the organisation and functioning of both Austrian High Courts as well as legal provisions regarding administrative court proceedings were presented. Also the similarities and differences between the system and proceedings before administrative courts in Austria and Poland were discussed.
21-22 March, Zagreb (Croatia)
On 21-22 March in Zagreb took place the meeting of the contact persons of the member institutions of the European Judicial Training Network (EJTN). Poland was represented by the employees of the National School of Judiciary (Polish EJTN member). The Supreme Administrative Court (EJTN partner in Poland) was represented by Ms. Marta Kulikowska, Head of Domestic and Foreign Relations, team in the Chancellery of the President of the Supreme Administrative Court. During the meeting the activities of the EJTN in the year 2017 and also the planned activities and perspectives for years 2018-2019 were discussed.
19 March 2018, Warsaw (Poland)
On 19 March 2018 the scientific conference „Application of the European law in jurisprudence” was held in the Assembly Hall of the Supreme Administrative Court (SAC), with the participation of the President of the Court of Justice of Europeaqn Union Prof. Koen Lenaerts, the General Advocate of the CJEU, Prof. UŚ dr hab. Maciej Szpunar, Prof. UJ dr hab. Nina Półtorak – Judge at the General Court of European Union, the President of the SAC Prof. dr hab. Marek Zirk-Sadowski and the Vice – President of the SAC Prof. UŁ dr hab. Jacek Chlebny. The conference was organized by the Supreme Administrative Court.
It was already the sixth in the series of conferences of judicial assistants and other employees of the legal services of the Supreme Court (SC), the SAC and the Constitutional Tribunal (CT), initiated in 2012.
Over 120 participants took part in the conference, including SAC judges, administrative judges, court assessors, court referendaries and judicial assistants representing voivodship administrative courts in Białystok, Bydgoszcz, Gdańsk, Kielce, Cracow, Lublin, Łódź, Poznań, Rzeszów, Szczecin, Warsaw, judicial assistants of the Chambers of the SAC and SC, as well as members and experts of the SC Bureau of Studies and Analyses, SAC Judicial Decisions Bureau, Bureau of the Legal Service of CT and academics.
In his opening speech the president of the SAC Prof. Marek Zirk-Sadowski welcomed all participants. He pointed out that the idea of scientific meetings of young lawyers employed in the legal services of the three highest courts of Poland was established in 2012 at the initiative of the CT. He also reminded the subject of previous meetings. The SAC President stressed, that European law issues had already appeared during previous conferences, but this year's conference at the SAC is entirely devoted to the judicial application of European law, in particular European Union law. He drew attention to the significance of this topic due to the systemic reforms of the judiciary concerning the Constitutional Tribunal and the Supreme Court and the rules for the election of members of the National Council of the Judiciary. He noted, however, that these reforms do not directly concern administrative courts, which are separate and independent judicial power from other constitutional powers. The SAC President stressed that administrative courts in Poland play active role as EU courts, applying both the primary and secondary law of the European Union in pending cases and using the possibility of conducting judicial dialogue with the CJEU through a preliminary ruling procedure.
The introductory lecture highlighting the core topics of the conference „The Court of Justice and national courts: a dialogue based on mutual trust and judicial independence” held the CJEU President Prof. Koen Lenaerts – Professor of European Law at the Katholieke Universiteit Leuven. In his lecture Prof. Lenaerts described the role that judicial independence plays in the context of the preliminary reference procedure, the keystone of the EU judicial system. He illustrated this principle through the recent judgment of the CJEU in case Associação Sindical dos Juízes Portugueses, where that court held that EU law protects the independence of national courts, since it is an essential prerequisite for the judicial dialogue between the ECJ and the national courts. In second part of his speech, he presented another recent judgment of the CJEU in case Achmea, which reflects the objective of protecting the integrity of that dialogue. In the last part of the lecture President Lenaerts analyzed the judicial dialogue from a transnational perspective. He noted that in the Area of Freedom, Security and Justice such a transnational dialogue can only take place between judicial authorities that are independent – in particular, from the executive –, as only those authorities guarantee the successful operation of the principle of mutual trust. President Lenaerts emphasized that judicial independence is part of both our common heritage and of our very identity as Europeans.
Next within three panels devoted to European inter-judicial dialogue, standard of EU and international law and the Europeanization of the substantive public law the following issues were presented: the influence of CJEU case-law, on the application of the law by SC as the EU law court; judicial standards of ECtHR and CJEU and contemporary migration challenges; decision to locate a company’s head office within the EU and domestic registration requirements; reasonable time for hearing the case in the light of Council of Europe standards and administrative court practice; the service of the letters in the administrative court proceedings in foreign relations in the light of EU law principles; international standards of the right to public information; implementation of rights resulting directly from EU law in the light of Regulation (EC) 261/2014; implementing decision of EU Council in the area in the common system of VAT and „single undertaking” concept in the area of pomocy de minimis aid in the agricultural sector.
The moderators of all three panels of the conference were SAC judges: Prof. UŁ Bartosz Wojciechowski – Head of the European Law Division of the Judicial Decisions Bureau, Prof. UŁ dr hab. Jacek Chlebny – Vice-president of the SAC, President of the General Administrative Chamber and Prof. SGH dr hab. Dominik Gajewski – Head of the Economic Analyses Team of the Judicial Decisions Bureau.
Prof. UJ dr hab. Nina Półtorak - Judge at the GC summed up the conference. She emphasized the high scientific level of presentations and discussions. She also set examples of the implementation of principles of equivalence and effectiveness of EU law by Polish administrative courts. She also pointed to the importance of the application of European law and European standards by Polish courts during the current constitutional crisis regarding the administration of justice.
The conference was ended by the President of the SAC who thanked all the referees, moderators and participants for the participation and discussion during the meeting. He also thanked his colleagues and collaborators who were involved in the organization of the conference.
2-16 March 2018, Paris (France)
Judge of the Supreme Administrative Court Ryszard Pęk - the President of the Voivodship Administrative Court in Wrocław, participated in a study visit organized by the Council of State of France (Conseil d'Etat). During his stay judge Pęk met the Presidents and the councillors (conseiller d'Etat) of the 2nd and the 9th Chamber of the Litigation Department (Section du Contentieux) to discuss the role and the importance of the Council of State in the system of French administrative judiciary. On this occasion judge Pęk presented the position of the administrative judiciary in Poland. Polish judge also took part in public hearings (seance publique) of the Litigation Department and participated in deliberations (seance d'instruction) of both Chambers of this Section.
While getting acquainted with the consultative tasks of the Council of State, judge Pęk met with the Presidents and members of the Administrative Chamber and the Financial Chamber. During the meetings, the role of the Council of State as an advisory body which issues opinions on draft bills and draft ordinances (government decrees having the force of law - projets d'ordonnance) was discussed. On 13 March, 2018 judge Pęk took part in a session of the Financial Chamber regarding the adoption of a preliminary opinion on a draft concerning the prevention of the financial support for terrorism. On 15 March, 2018 judge Pęk participated in the General Assembly of the Council of State of France. The subject of the Assembly was to express an opinion on bills and to clarify a legal issue raising serious doubts. On the last day of the study visit, having become acquainted with the work of the Reporting and Study Section, Polish judge discussed legal measures aimed at bringing the judgments of the Dispute Section of the Council of State and the administrative tribunals into effect.
27-28 February 2018, Geneva (Switzerland)
On 27-28 February 2018, the 11th meeting of the Åarhus Convention Task Force on Access to Justice – the special session for representatives of judiciary, judicial training institutions and other review bodies, organized by United Nations Economic Commission for Europe was held in the seat of the UNECE. The main goal of the meeting was the assessment of the progress of the Parties to the Aarhus Convention in the field of the implementation of the provisions on access to justice and access to information in environmental matters.
The meeting was focused on best practices in the said matters, increased pan-European judicial cooperation in environmental matters, outcomes of the sixth session of the Meeting of the Parties to the Convention in September 2017, including the decision on promoting effective access to justice. It was also agreed that the topic of the future meeting in February 2019 will be access to justice in matters related to air pollution. The purpose of future activities will be also to create a platform for the exchange of information on legislation, policy and case law on matters related to the implementation of the provisions of the Åarhus Convention. In the meeting participated, among others judges from Belgium, Belarus, Bosnia and Herzegovina, the Czech Republic, Finland, Latvia, Georgia, Ireland, Germany, Poland, Moldova, Tajikistan and Italy. The Polish administrative judiciary was represented by Prof. UŁ dr hab. Piotr Korzeniowski - judge of the Voivodship Administrative Court in Warsaw seconded to perform the duties of a judge in the General Administrative Chamber of the Supreme Administrative Court.
6 February 2018, Kyiv (Ukraine)
Judges from the Financial Chamber of the Supreme Administrative Court of Poland: Dr. Tomasz Kolanowski – Deputy President of the 2nd Division of the Chamber and Dr. Krzysztof Winiarski participated as guest speakers in 2nd International Conference „Abuse of rights in tax legal relations” organized by All-Ukrainian Association of Administrative Judges, Taras Shevchenko National University of Kyiv and Ukrainian Tax Advisers Association. The Polish judges presented the papers on the instruments to fight against tax evasion in the Polish tax law.
26 January 2018, Strasbourg (France)
Roman Wiatrowski, Judge of the Financial Chamber of the Supreme Administrative Court, represented on behalf of the President of the Court Polish administrative judiciary during the official opening of the Judicial Year 2018 of the European Court of Human Rights that took place on 26 January 2018 in Strasbourg. He also took part in a seminar on the topic “The authority of the judiciary”. Following the seminar, President of the ECtHR Mr. Guido Raimondi and Mr. Koen Lenaerts, President of the Court of Justice of European Union, addressed an audience at the solemn hearing.
16-19 January 2018, Valletta (Malta)
Vice-president of the Supreme Administrative Court, prof. UŁ dr hab. Jacek Chlebny - President of the General Administrative Chamber attended the Annual Coordination and Planning Meeting of the European Asylum Support Office (EASO). This meeting provided an opportunity to discuss the activities planned by EASO in 2018 and beyond.
2017
4-6 December 2017, Strasbourg (France)
On 4 – 6 December 2017 judge of Supreme Administrative Court Małgorzata Miron visited the European Court of Human Rights (ECHR) and the Council of Europe (CoE). The visit was organized by the European Judicial Training Network (EJTN) as a part of the exchange program for judges. In the study visit participated judges and prosecutors from the member states of European Union.
The programme of the study visit included visiting Debating Chamber of the Parliamentary Assembly, presentation of the HELP programme of the CoE and within visit to ECHR working meetings with Deputy to the Registrar Mr Michael Wischuf, the employees of the Legal Division, Research Division, Case-law Information and Publications Division of the Chancellery of the ECtHR. The participants has also occasion to familiarise themselves with the activities of the Departmenet for the Execution of Judgments of the ECHR, Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and also of the Office of the Commissioner for Human Rights of CoE. The participants attended also Grand Chamber hearing in a case concerning the application of Islamic religious (Sharia) law to an inheritance dispute Molla Sali v. Greece (application no. 20452/14).
6-10 November 2017, Stockholm (Sweden)
On 6-10 November 2017 judge of the Financial Chamber of the Supreme Administrative Court (SAC) Roman Wiatrowski visited the Supreme Administrative Court of Sweden. The visit was organized by the European Judicial Training Network as a part of the exchange programme for judges. During the stay judge Roman Wiatrowski also visited the Supreme Court of Sweden, the Administrative Court of Appeal of Stockholm, the Swedish Revenue Law Commission and the Swedish Parliamentary Committee on Taxation. During the meetings with the President of the Supreme Administrative Court of Sweden, judges and employees of this court the organization and the jurisdiction of the court, as well as Swedish career as a judge were discussed. The programme of the visit also included attendance at an oral hearing of cases before the Supreme Administrative Court of Sweden. Moreover judge of the SAC Roman Wiatrowski gave a lecture concerning Polish administrative judiciary.
19 – 20 October 2017, Trier (Germany)
In 2017 the Academy of European Law (ERA) celebrates its twenty-fifth anniversary. On this occasion the Jubilee Congress entitled “The Authority of EU Law - Do we still believe in it?” was held on 19 - 20 October 2017 in Trier.
The aim of the meeting was to identify the grounds for the current crisis of the European Union in relation to the decreasing respect for the authority of EU law and its legitimacy. The first day of the Congress was devoted to the role of EU legislation and the perspective of supreme and constitutional courts in the context of the authority of EU law. During the second day of the Congress some current challenges regarding compliance with and enforcement of EU law were discussed within the framework of three parallel working sessions. Participants focused in particular on the remaining and new obstacles to the Single Market rules, increasingly contested effectiveness of EU law in areas such as Economic and Monetary Union and current threats to the rule of law in the EU. In the last part of the meeting the crisis of the European project undermining the authority of EU law was analysed.
At the Congress the Supreme Administrative Court was represented by prof. Jan Paweł Tarno - judge of the General Administrative Chamber of the Supreme Administrative Court.
17 – 19 October 2017, Vilnius (Lithuania)
On 17-19 October the President of Supreme Administrative Court (SAC), Prof. Marek Zirk-Sadowski, Vice-Presidents of the SAC: Maria Wiśniewska - Director of the Judicial Decisions Bureau and Janusz Drachal - President of the Economic Chamber together with the delegation were received by the President of the Supreme Administrative Court of the Republic of Lithuania, President Gintaras Kryževičius. The delegation also paid a visit to the Constitutional Court where the guests met with President Dainius Žalimas.
During a number of working meetings the constitutional position, competencies and organizational structure of the administrative courts of both countries were discussed. The issues related to electronisation of judicial proceedings in Poland were also discussed, emphasizing that the Lithuanian experience in this field is a source of inspiration for the Polish SAC.
The meetings were also attended by the President of the Vilnius Regional Administrative Court Jolanta Malijauskienė and the President of the Voivodship Administrative Court in Białystok Wojciech Stachurski.
The purpose of the Polish delegation's visit was to establish closer cooperation both at the level of the Lithuanian and Polish Supreme Administrative Courts as well as at the courts of first instance.
5 - 6 October 2017, Ljubljana (Slovenia)
On 5-6 October 2017 the Seminar on administrative cooperation in tax matters, organized by the Association of the European Administrative Judges (AEAJ) and the European Commission, was held in the seat of the Supreme Court of the Republic of Slovenia. During the meeting the Supreme Administrative Court (SAC) was represented by judges of the Financial Chamber: Roman Wiatrowski, dr. Krzysztof Winiarski and prof. UŁ dr hab. Bartosz Wojciechowski - Head of the European Law Division in the Judicial Decisions Bureau of the SAC.
The seminar was opened by Edith Zeller, President of the AEAJ, Peter Golob, Head of Administrative Chamber of the Supreme Court of the Republic of Slovenia, Jasna Sagan, President of the Administrative Court of the Republic of Slovenia and Wolfgang Mederer, Head of the Direct Taxation Legal Unit, Directorate General for Taxation and Customs Union, European Commission.
During the first day of the seminar a presentation of the Administrative Cooperation Directive (DAC) was made, including the CJEU case law and fundamental principles of EU law applied to tax procedural cases and also a state of implementation of the DAC and its amendments into national law. In addition some practical aspects of administrative cooperation in the field of taxation were discussed. The second day of the seminar was devoted to the rights of taxpayers and information holders in the context of administrative cooperation.
26 – 27 September 2017, Venice (Italy)
On 27 September 2017 in Aula Magna of the Venice International University (VIU) took place the seminar „Electronic access to the Courts” organized by the International Association of Supreme Administrative Jurisdictions (IASAJ) in cooperation with the Council of State of Italy. The participants have been welcomed by Mr Alessandro Pajno - President of the Council of State of Italy, who held opening speech introducing to the topic of the meeting.
The first roundtable, moderated by Mr Franco Frattini – President of III section of the Council of State of Italy, focused on “The implementation of electronic procedures”. Within that session respective national contributions were presented by: Mr Ali Ürker – Member of the Council of State of Turkey, Mr Zhang Shuyuan – Vice-President of the Supreme People’s Court of China, Mrs Suzanne Côté - Judge of the Supreme Court of Canada, Roger Bilodeau – Registrar of the Supreme Court of Canada and Panagiotis Efstratiou – Member of the Council of State of Greece.
During the second round table, moderated by Mr. Jean-Marc Sauvé - Vice-President of the Council of State of France, the issues raised by the dematerialization of procedures were discussed. Their statements on this topic presented: Gregory Delannay - Chief court clerk at the Council of State of Belgium, Mario Luigi Torsello – Secretary general of the Council of State of Italy and Sangyup Lee – Director of Judicial IT at the Supreme Court of the Republic of Korea.
The seminar was preceded by the IASAJ Board meeting that focused on: the activities of the Association, changes in the internal organization of the Association (inter alia request for membership of the Supreme Court of Canada and appointment of the members of the Management Committee), financial matters concerning 2016 budget execution and approval of the estimated 2017 and 2018 budgets, as well as use of the website of the Association and organization of the next IASAJ Congress in 2019.
The IASAJ Board during its Venice meeting decided inter alia on the appointment of the representative of Supreme Administrative Court of Poland to the Management Committee.
The SAC was represented during IASAJ Board meeting and seminar by the Vice - President of the SAC and the President of the General Administrative Chamber prof. UŁ dr hab. Jacek Chlebny.
22 – 23 September 2017, Oxford (United Kingdom)
On 22-23 September 2017, in Merton College of the University of Oxford took place the conference “Climate Change and the Judiciary” organized by the European Union Forum of Judges for the Environment - EUFJE). The scientific discussions were preceded by a welcoming address by EUFJE - President Prof. Luc Lavrysen – judge of the Constitutional Court of Belgium and The Rt Hon Lord Justice Lindblom – Lord Justice of Appeal in the Court of Appeal of England and Wales.
During the first day of the conference the following issues were discussed: question of the global pact for the environment; climate change science and policy; EU Climate Change Policies after the Conference of the Parties to the United Nations Framework Convention on Climate Change (COP21); role for international law in climate change adjudication; environmental protection as judicial discretion: the case of EU Public Procurement Law; the relevance for climate action of the EU Commission notice on access to justice in environmental matters; climate change in the UK courts from the perspectives of an advocate and a judge and the role of judges in climate change.
During the second day of the meeting, the discussions focused on the climate change adjudication from the viewpoint of the survey of judicial review wind turbine decisions, Urgenda v. Dutch Government case and progress of public interest litigation in China.
The programme of the conference included also presentation of the progress report of the Working Group on Sanctioning, Prosecution and Judicial Practice in Environmental Cases within ENPE/EUFJE/LIFE+ project.
The Polish administrative judiciary was represented by judge of the Supreme Administrative Court, prof. Jerzy Stelmasiak – the judge of the General Administrative Chamber of the SAC and member of the EUFJE-Board and judge of the Voivodship Administrative Court in Warsaw Teresa Zyglewska – President of the 4th Division of that Court.
21-22 September 2017, Belgrade (Serbia)
On 21-22 September 2017 an International Conference devoted to "Organization and Competences of Administrative Judiciary", organized by OSCE (Organization for Security and Co-operation in Europe) - Mission to Serbia, was held in Belgrade. Vice - President of the Supreme Administrative Court (SAC) prof. UŁ dr hab. Jacek Chlebny and judge of the Voivodship Administrative Court in Warsaw dr Mirosław Gdesz attended the conference.
Opening speeches were made by the President of Administrative Court - judge Jelena Ivanovic, President of the Supreme Court of Cassation - judge Dragomir Milojevic, Head of OSCE Mission to Serbia - ambassador Andrea Orizio and the Minister of Justice of Republic of Serbia Ms Nela Kuburovic.
During the conference representatives of Austria, Czech Republic, Greece, Italy, Hungary, Poland, Romania, Serbia, Slovakia and Slovenia presented advantages and disadvantages of the existing administrative judiciary systems in their countries (the first day of the conference). They also discussed legal remedies in administrative dispute and the subject matter of administrative dispute in the mentioned countries (the second day of the conference).
21-22 September 2017, Vilnius (Lithuania)
On 21 - 22 September 2017 judge of the Supreme Administrative Court, dr hab. prof. ALK Artur Mudrecki - Head of the Division III of the Judicial Decision Bureau attended the XVI International Scientific Conference in Vilnius under the theme “The Optimization of Organization and Legal Solutions Concerning Public Revenues and Expenditures in Social Interest”. The meeting was organized by the University of Białystok - the Faculty of Economics and Computer Science in Vilnius and the Center for Information and Research Organization in Public Finance and Tax Law of Central and Eastern European Countries. Representatives of nine countries from Central and Eastern Europe took part in the conference. Presentations of the participants focused on issues concerning relation between budget incomes and expenditures and the financial public interest. During the conference judge Artur Mudrecki gave a lecture titled: “The principle of proportionality in VAT law”.
18 September 2017, Cracow (Poland)
On 18 September 2017 the seminar "Public order, national security and the rights of third - country nationals in immigration and citizenship cases" was held in the oldest building of Jagiellonian University (Collegium Maius) . The seminar was organized by Association of the Councils of State and Supreme Administrative Jurisdiction of the European Union (ACA-Europe) and Supreme Administrative Court of Poland in cooperation with the Voivodship Administrative Court in Cracow, represented by the Vice-President of this Court dr Anna Dumas. Over forty participants were present at the seminar, representing the Councils of State and the Supreme Administrative Courts from twenty EU Member States.
The seminar was opened by the President of the Supreme Administrative Court of Poland Prof. dr hab. Marek Zirk-Sadowski and the President of ACA-Europe, the Vice – President of the Council of State of the Netherlands, Prof. Piet Hein Donner. Then the General Advocate of the Court of Justice of the European Union (CJEU), Prof. UŚ dr hab. Maciej Szpunar took the floor. He presented – from the perspective of CJEU – the case law of CJEU related to notions of the public order and national security. At the same time he underlined that those notions have to be interpreted in the context of relevant national law, so it is for the national courts to establish case-by-case, if the criteria resulting from EU law are met. The General Report, based on the national reports of the ACA-Europe Members, was presented by its author, the Treasurer of the ACA-Europe Association, the Vice – President of the Supreme Administrative Court of Poland Prof. UŁ dr hab. Jacek Chlebny. He underlined that neither national security nor public order are terms of precise comprehension in the judicial practice of EU Member States and the national reports show that there is no definitive or consistent interpretation which is placed on these terms. He pointed out that the difficulty of defining such vague notions allow for the weighing up of the rights of the individual and the public in an individual case. He noted that, when defining the risk to national security or public order, national judge must have thorough knowledge of the transnational legal instruments and the relevant case-law of the CJEU. However, in the end of the judicial process it is a national judge who has to answer whether the entry or stay of a third-country national poses a threat to public order or raises concerns with regard to national security.
During the seminar as panelists and moderators also spoke among others: the First President of the Council of State of Belgium Roger Stevens, the President of the Supreme Court of Hungary dr Péter Darák, the First President of the Supreme Court of Ireland Frank Clarke and Prof. Dr. Dr. h.c. Klaus Rennert, the President of the Federal Administrative Court.
Participants discussed the legal framework and proceedings before national administrative bodies in the field of immigration and citizenship cases and the scope and methods of exercising judicial control over decisions issued in this matter. In the context of the CJEU case-law it was emphasized that national judges, taking into account the national security - on the one hand and the right of the access of individual to information on the reasons of the decision made on the grounds of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States - on the other hand, have to strike balance between those principles in three aspects: legal basis of the decision, its reasons and public access to the case-law. The issue of the access of national judges to confidential documents was also discussed, as well as methods of classifying documents depending on their disclosure and their impact on the possibility of using those documents in the judicial proceedings. National judges emphasised several times that the judicial control, especially in the field of immigration and citizenship cases, is a very important and an extraordinary tool of control over the executive power and activities of the public administration in the framework of the principles of checks and balances and separation of powers.
The closing remarks were made by the President of Supreme Administrative Court Prof. dr hab. Marek Zirk-Sadowski who stressed out that the European, comparative and national perspective, reflected in the General Report and in presentations of the participants of the seminar, leads to a conclusion that administrative judges in Europe are facing similar challenges in each EU Member State. He also pointed out that the complexity of the court cases in the discussed matter requires a special and individual treatment, taking into consideration the need to strike the balance between the rights of individuals and the standards arising from CJEU and European Court of Human Rights case-law on the one hand and public interest and national security as a part of constitutional identity of EU Member States on the other.
11-15 September 2017, Lisbon (Portugal)
On 11-15 September 2017 judge of the Financial Chamber of the Supreme Administrative Court, dr Małgorzata Wolf-Kalamala visited the Supreme Administrative Court of Portugal. The visit was organized by the European Judicial Training Network as a part of the exchange programme for judges.
During the stay judge Wolf-Kalamala met the President, Vice-Presidents and judges of the Supreme Administrative Court of Portugal. She also attended - as an audience - a sessions of the General Chamber and Financial Chamber of the Supreme Administrative Court of Portugal and took part in a hearing before the administrative court of the first instance. Moreover she visited the Lisbon Central Administrative Court (court of the second instance).
During meetings with judges of those courts the system and organization of administrative courts in Lisbon were presented and principles of judiciary proceedings in Portugal and Poland were compared. Also the reasons for excessive length of proceedings before the courts and most common tax cases in both countries were discussed.
11 September 2017, Luxembourg (Luxembourg)
On 11 September 2017 Vice-President of the Supreme Administrative Court (SAC) prof. UŁ dr hab. Jacek Chlebny attended a meeting of representatives of the highest courts of the EU Member States, which took place in Luxembourg. The meeting concerned a project called "European Union Judicial Network", which aimes to create a special platform in a form of a website, opened at the beginning of 2018, involving case law of the Court of Justice of the European Union, national case law of relevance to EU law and information on application of the international and EU law. During the meeting some basic assumptions and general rules of functioning of the platform (e.g. access rights, uploading of documents) were presented and some practical arrangements for judicial cooperation were made, necessary for application of the above mentioned judicial network.
6-8 September 2017 Leipzig (Germany)
On 6-8 September 2017 the delegation of the Supreme Administrative Court of Poland (SAC) visited the Federal Administrative Court of Germany. The meeting took place in the framework of the cooperation the Supreme Administrative Court has set up with the Federal Administrative Court in order to strengthen the exchange of knowledge and experience in the field of interpretation and application of administrative law by the Polish and German courts.The delegation headed by the President of the Polish Court Prof. dr hab. Marek Zirk-Sadowski, included Vice-Presidents of the SAC – Judge Maria Wiśniewska and prof. UŁ dr hab. Jacek Chlebny and judges of the SAC – presidents of some voivodship administrative courts as well as representatives of the SAC.
The German administrative judiciary was represented during the meeting by Prof. Dr. Dr. h.c. Klaus Rennert – the President of the Federal Court of Germany, six judges of the German court, the Presidents of Higher Administrative Courts of Berlin-Brandenburg, Lower Saxony and Thuringia, as well as the President of the Administrative Court in Dresden.
The expert discussions organized within the visit included the following topics: „The Administrative Judiciary and the Division of Powers”; „The large scale infrastructure projects as a subject of the proceedings before administrative courts”; „The Supreme [Administrative] Court as a court of appeal”. The respectively introductory lectures were held by Polish judges: prof. dr hab. Marek Zirk-Sadowski, Andrzej Irla and prof. UŁ dr hab. Jacek Chlebny and German judges: Prof. Dr. Ingo Kraft, Martin Steinkuehler and Prof. Dr. Dr. h.c. Klaus Rennert.
3 - 4 July 2017, Luxembourg (Luxembourg)
On 3 - 4 July 2017 judge of the Financial Chamber of the Supreme Administrative Court Roman Wiatrowski visited the Court of Justice of the European Union in Luxembourg. The visit was organized by the European Judicial Training Network as a part of the exchange programme for judges. The programme of the visit included participation in lectures devoted to the general presentation of the Court, the procedure before the Court, the role of the Legal Secretary and advocate general, the preliminary procedure and also other matters concerning translation of legal documents and rules of using the electronic catalogue provided by the library of the Court. During the stay at the Court, judge of SAC Roman Wiatrowski also attended a public hearing before the Court.
26-28 June 2017, Strasbourg (France)
On 26-28 June judge of Supreme Administrative Court Zdzisław Kostka visited the European Court of Human Rights and the Council of Europe. The visit was organized by the European Judicial Training Network as a part of the exchange program for judges. The program of visit included working meetings with the employees of these institutions and participation as a public in the debate before the Parliamentary Assembly of the Council of Europe. During the stay at the Council of Europe, judge of SAC Zdzisław Kostka also met with the staff of the General Secretariat of the Council of Europe. At the meeting the basic issues related to the execution of judgments of the ECHR and the European Social Charter were discussed.
12 June 2017, Berlin (Germany)
On 12 June 2017 at the European Academy in Berlin (EAB) the workshop was organized by the European Chapter of International Association of Refugee Law Judges (IARLJ).
During the workshop the following issues were particularly discussed: latest developments of the harmonisation of EU Asylum Law, legal provisions and cases from Member States regarding to the concept of safe countries of origin and safe third countries, the matter of granting refugee status or subsidiary protection to civil war refugees from Syria and problems of returning failed asylum seekers to their home countries.
The programme of the workshop included also initiation of the “Judicial Analysis on Qualification for International Protection” as well as meeting and discussions with Dr. Jan Hecker, asylum expert of the German Federal Chancellery.
The Supreme Administrative Court was represented by professor Jacek Chlebny – the Vice-President of the SAC and the President of the General Administrative Chamber.
8-20 May 2017, Königswinter – Leipzig – Schleswig (Germany)
Judge of Supreme Administrative Court Andrzej Kuba – President of the 2nd Division of the Commercial Chamber of SAC and Przemysław Florjanowicz-Błachut – Foreign Relation Officer at Domestic and Foreign Relations, team in the Chancellery of the President of the SAC, participated in Multilateral Trainee Programme 2017 for Judges of Administrative Courts and Members of the Judiciary, organized in cooperation with the German Foundation for International Legal Cooperation (Deutsche Stiftung für internationale rechtliche Zusammenarbeit e.V.) and the Union of German Administrative Judges (Bund Deutscher Verwaltungsrichter und Verwaltungsrichterinnen).
The Exchange Programme included an introductory course about German administrative law and special administrative law, administrative judiciary in Germany, the organisation of the courts and allocation of jurisdiction activities, procedural principles in administrative court proceedings, court administration and legal status of judges, professional associations of judges and also the internship at Administrative Court and Higher Administrative Court of Land Schleswig-Holstein in Schleswig and debriefing session. The introductory course and debriefing session took place in Königswinter by Bonn.
Polish participants of Exchange programme have also the possibility to attend the conference of German administrative judges „Leipzig Dialogue in Administrative Judiciary”, co-organized by the Federal Administrative Court of Germany in Leipzig.
18-19 May 2017, Paris (France)
On 18-19 May took place in Paris 20th Annual International Judicial Conference, organized by The Furth Family Foundation and co-organized by The International Foundation for Electoral Systems.
This year's conference was devoted issues regarding the necessity of continuing education for judges by developing judicial training institutes, the criminal justice response to terrorism, international environmental law, developments in private antitrust litigation and universal jurisdiction clause.
The Supreme Administrative Court was represented by Ryszard Pęk – judge of the Financial Chamber of SAC and President of the Voivodship Administrative Court in Wrocław.
17-18 May 2017, Brussels (Belgium)
On 17-18 May took place in Brussels the workshop „Challenges of the digital age: better access to legal information for EU citizens”, organized by the Publications Office of the European Union. The event was opened by Mr Rudolf Strohmeier – Director-General of the Office.
The conference was attended by the representatives of European Union institutions: Parliament, Council, Commission, Publications Office, European Central Bank and Court of Justice as well as by the representatives of the 26 EU Member States and EEA member – Norway, including national supreme courts of these states.
During the workshop it has been discussed: EU legislation and consolidation, electronic Official Journal, national electronic law data bases and official journals, with special reference to the experiences of Spain, Latvia, Slovakia, France, Austria, Romania, Ireland, Italy and The Netherlands, as well as Denmark and Portugal. The issues discussed included also synergies between EU law and national law, including the issue of access for EU citizens to EU and national legislation procedures and case law, inter alia by electronic data bases EUR-Lex and N-Lex and also by European legislation Identifier (ELI) and European Case Law Identifier (ECLI).
The Supreme Administrative Court was represented by Ms. Marta Kulikowska – Head of Domestic and Foreign Relations, team in the Chancellery of the President of the SAC.
15-16 May 2017, The Hague (The Netherlands)
President of SAC prof. Marek Zirk-Sadowski and the Vice-President of SAC prof. UŁ dr hab. Jacek Chlebny took part in the Annual General Assembly of the Association of State and Supreme Administrative Courts of the EU (ACA-Europe) and in the seminar on the topic of Better regulation. In the meeting also participated Marta Kulikowska - Head of Domestic and Foreign Relations, team in the Chancellery of the President of the Supreme Administrative Court.
The central issues of the meeting concerned national feedback practices between administrative tribunals and advisory bodies on the one hand, and governments and parliaments on the other, aimed at the quality of the new legislation.
As the treasurer of the Association, the Vice-President of the SAC also participated in the ACA-Europe Board meeting.
21 April 2017, Riga (Latvia)
On 21 April 2017 the international final conference “Supreme Courts as guarantee for effectiveness of judicial systems in the European Union” organized by the Supreme Court of Latvia in collaboration with the Supreme Courts of Hungary, Lithuania and Spain as well as the Universities of Antwerp and of Ljubljana, within the project co-funded by the European Commission’s Directorate-General for Justice and Consumers took place in Riga at the Aula Magna of the University of Latvia.
During conference the publication “Best practice guide for managing Supreme Courts” was presented. The publication was based on survey answered by 26 Supreme Courts of EU (among others the Supreme Administrative Court of Poland) containing advices and best practices how the work of the Supreme Courts could be improved in four areas: performance of research and documentation divisions of Supreme Courts, general organization of judicial work in order to speed up the deadlines of hearings, communication with the public, as well as work of the Councils of Judiciary.
The conference was attended by the representatives of the Supreme Courts or Supreme Administrative Courts of Austria, Belgium, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovenia, Spain and Sweden as well as of European Network of Councils of Judiciary (ENCJ). The Supreme Administrative Court was represented by Ms. Marta Kulikowska – Head of Domestic and Foreign Relations, team in the Chancellery of the President of the Supreme Administrative Court and Przemysław Florjanowicz-Błachut – chief specialist in this Department.
27-28 March 2017, Luxembourg (Luxembourg)
On 27-28 March took place the celebrations of the 60th anniversary of the Rome Treaties in the Court of Justice of the European Union in Luxembourg. The organized for this occasion Forum of Judges: “The network of EU justice: guarantee of a high-quality system of justice”, as well as the hearing before the Grand Chamber of the Court, was attended by the Vice-President of the Supreme Administrative Court prof. Jacek Chlebny - President of the General Administrative Chamber of SAC.
23-24 March 2017, Ljubljana (Slovenia)
Vice-President of NSA prof. Jacek Chlebny - President of the General Administrative Chamber of the Court and Marta Kulikowska - Head of the Domestic and Foreign Relations attended a seminar on the issue of administrative sanctions organized by the Association of Council of State and Supreme Administrative Jurisdictions of the EU (ACA-Europe) and the Supreme Court of Slovenia. During the seminar reports of the national courts of the member states and the case law of the European Court of Human Rights and the Court of Justice of the EU concerning administrative sanctions were presented.
8-9 March, Lisbon (Portugal)
On 8-9 March in Lisbon took place the meeting of the contact persons of the member institutions of the European Judicial Training Network (EJTN). Poland was represented by the employees of the National School of Judiciary (Polish EJTN member). The Supreme Administrative Court (EJTN partner in Poland) was represented by Ms. Marta Kulikowska, Head of Domestic and Foreign Relations, team in the Chancellery of the President of the Supreme Administrative Court. During the meeting the activities of the EJTN in the year 2016 and also the planned activities and perspectives for years 2017-2018 were discussed.
ETJN is an international non-profit association that organizes and promotes training for judges and prosecutors and the exchange of knowledge on the European judiciary. NSA is a EJTN's partner since November 2016.
27 January 2017, Kyiv (Ukraine)
Judges from the Financial Chamber of the Supreme Administrative Court of Poland: Prof. Bartosz Wojciechowski, Dr. habil. Artur Mudrecki and Dr. Krzysztof Winiarski participated as guest speakers in International Conference „AntiBEPS regulations in Ukraine and EU” organized by Taras Shevchenko National University of Kyiv and Ukrainian Tax Advisers Association.
After the conference Polish judges visited also the High Specialized Court of Ukraine for Civil and Criminal Cases (HSCU), at the invitation of judge Oleh Tkachuk - the Academic Secretary of the HSCU Scientific and Advisory Board. The meeting focused on exchange of experiences between Ukrainian and Polish colleagues, familiarization with the activity organization in terms of European integration processes in Ukraine and positive experiences of Ukrainian judicial reform. Polish judges have drawn the presents’ attention to peculiarities of functioning of Polish judicial system.
At the same day members of Polish delegation participated also in panel discussion organized by Aspen Institute Kyiv.
27 January 2017, Strasbourg (France)
Judge Roman Wiatrowski from the Financial Chamber of the Supreme Administrative Court, represented on behalf of the President of the Court Polish administrative judiciary during the official opening of the new judicial year of the European Court of Human Rights that took place on 27 January 2017 in Strasbourg. He also took part in a seminar on the theme “Non-refoulement as a principle of international law and the role of the judiciary in its implementation”. Following the seminar, President of the ECtHR Guido Raimondi and Silvia Alejandra Fernández de Gurmendi, President of the International Criminal Court, addressed an audience at the solemn hearing.
16-17 January 2017 Valletta (Malta)
Vice-president of the Supreme Administrative Court, Judge Jacek Chlebny - President of the General Administrative Chamber attended the Annual Coordination and Planning Meeting of the European Asylum Support Office (EASO). This meeting provided an opportunity to discuss the activities planned by EASO in 2017 and beyond.