Judgment_paragraph 99 · European Commission v Republic of Poland (C-791/19)

99Having noted that, under Article 179 of the Constitution, the judges of the Sąd Najwyższy (Supreme Court) are to be appointed by the President of the Republic on a proposal from the KRS, namely the body entrusted under Article 186 of the Constitution with the task of safeguarding the independence of courts and judges, the Court stated, in paragraph 137 of the judgment in A. K. and Others and paragraph 124 of the judgment in A.B. and Others, that the participation of such a body, in the context of a process for the appointment of judges, may, in principle, be such as to contribute to making that process more objective, by circumscribing the President of the Republic’s discretion in exercising the powers of his or her office.