Conferences & Exchanges

2018

 

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 EU 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.