- Two judges, whose lives were significantly influenced by the decisions of the ID, will be present as observers in Luxembourg – i.e. the judges Paweł Juszczyszyn and Igor Tuleya, who were removed by this House
- – The system of repression created in Poland, directed against judges, violates the European values common to all of us – says judge Juszczyszyn
- If the CJEU finds that the ID does not meet the requirements for EU courts, it may order the immediate suspension of its operation
- If the Polish government does not comply with this, we may face huge financial penalties for each day of operation of this House
- However, there is no guarantee that the CJEU judgment will be handed down tomorrow – we can wait for it even until spring
- More such information can be found on the main page of Onet.pl
The hearing in the CJEU is an effect EC complaints from autumn 2019. The commission submitted it after PiS not only appointed – on the will of Zbigniew Ziobro – new disciplinary spokesmen for judges, but also created a new Disciplinary Chamber in the Supreme Court. Its members have a salary of 40 percent. higher than the remaining judges of the Supreme Court, they were entirely elected by the new, politically appointed National Council of the Judiciary, whose judges were appointed by the Sejm in 2018, mainly thanks to the votes of the ruling party.
The so-called “old” judges of the Supreme Court found ID not to be a court within the meaning of European law – thus, not being a court in the meaning of Polish law. This decision was confirmed by the security issued by the CJEU on April 8, 2020, obliging ID to refrain from adjudicating.
It did, but it only lasted about a month. When the term of office of the former First President of the Supreme Court, prof. Małgorzata Gersdorf, and temporarily took her place – as an administrator – Kamil Zaradkiewicz, he immediately restored the ID to work. The Chamber refrains from adjudicating on judges’ disciplinary cases – because it recognizes that it was the only order ordered by the European Court of Justice – but it hears cases, for example, to waive the immunity of judges in connection with criminal charges that the prosecution intends to bring against them.
Effect? Judges such as Beata Morawiec, president of the “Themis” Association or Igor Tuleya z “Justice” have been removed from adjudication and are suspended from their duties. Soon the prosecutor’s office may charge them with criminal charges.
The rest of the text below the video.
The judge was also removed from adjudication Paweł Juszczyszyneven before the CJEU froze the activity of ID in April 2020. The judge demanded the disclosure of the secret – until recently – letter of support to the National Court Register. Disciplinary spokesmen appointed by Zbigniew Ziobro concluded that he had committed disciplinary offenses, which was confirmed in the second instance by ID.
CJEU decision. What will it mean?
Today at 9 am, a trial will begin before the Court of Justice of the EU in Luxembourg, which may decide the fate of ID. Let us recall that in the autumn of 2019, the European Commission filed a complaint against the Polish provisions on disciplinary proceedings against judges. Its effect may even be the total ban on this Chamber – the only question is whether the Polish government will respect this decision.
Judges, whom the Chamber has removed from adjudication, are surely going to be respected – in Luxembourg, judges Igor Tuleya and Paweł Juszczyszyn will be present as observers.
– I was removed from adjudication by a non-court Disciplinary Chamber in connection with a ruling in which I ordered the prosecutor’s office to explain the irregularities during the parliamentary vote committed by members of the ruling party – says Judge Tuleya, whose words are quoted by the “Iustitia” Association. – The next day my computer was locked and my cases were taken off the list. I have ceased to be able to adjudicate without a court judgment – he emphasizes.
– The system of repression created in Poland, directed against judges, violates the European values common to all of us. From February 4, 2020, when I was removed by the Disciplinary Chamber from adjudicating for the application of European law, nothing has happened in my case – says judge Paweł Juszczyszyn.
– In this way, politicians destroy the system of independent justice in Poland, because they remove rebellious judges from adjudication, at the same time causing a chilling effect on others – he emphasizes. – In addition, through the politicized National Council of the Judiciary, they fill the courts with persons who do not guarantee independence and impartiality – he adds.
We emphasize that if the CJEU found that the Polish ID has no right to act, because – which has already been recognized in the Court’s judgments or safeguards – it does not meet the requirements of the court within the meaning of European law, Poland would have only one option – to liquidate ID immediately. If this did not happen, we could face enormous financial penalties for failing to comply with the decisions of the European Court of Justice.
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