Among the newly appointed neo-judges are the former controversial Children’s Rights Ombudsman, Mikołaj Pawlak, and the rapidly advancing prosecutor, Franciszek Michera, who sought the detention of Tuleya. Presidents of courts appointed by Ziobro have also been made neo-judges.

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President Andrzej Duda handed out appointments to neo-judges on Wednesday, June 19, 2024. His decisions contradict both the Constitution and European law. Numerous judgments from the ECtHR, CJEU, Supreme Court, Supreme Administrative Court, and common courts indicate that the neo-NCJ, which nominates neo-judges, is unconstitutional and politically influenced.

Therefore, it cannot effectively nominate judges. Legal judges appointed to new positions in higher instance courts by the NCJ automatically become neo-judges in those positions. Such judges do not guarantee citizens the right to a trial before an independent court established by law. Verdicts issued with their participation can be overturned.

The President disregards these judgments concerning the illegality of the neo-NCJ. He also overlooks the Constitution, which explicitly states that the Sejm can only appoint its representatives, meaning deputies, to the NCJ. However, under the PiS government, the Sejm, with votes from PiS deputies, elected 15 judge-members to the NCJ. Thus, politicians elected them. Consequently, this illegal body has been recognized by European courts and tribunals as politically influenced.

Additionally, PiS deputies mainly chose judges who cooperated with Ziobro’s ministry and benefited from Ziobro’s “reforms” for the NCJ. This only intensifies accusations of the neo-NCJ’s lack of independence.

President Duda’s decision to appoint 60 neo-judges is another flawed appointment following the October 15 elections and the change in government. The President is employing a policy of faits accomplis, further solidifying the judiciary with neo-judges. This sends a clear signal to the current government that he does not seek any compromise and will not make concessions regarding the judiciary unless the ruling coalition concedes to the President, agreeing to legalize the status of neo-judges.

On June 19, 2024, President Duda appointed, among others:

Judge Michera was pursued for allowing journalists to announce a ruling critical of PiS. The Disciplinary Chamber refused permission for his detention, acknowledging that the judge did not break the law. Nevertheless, Michera continued to demand Tuleya’s detention so that the prosecution could bring unfounded criminal charges against him. However, Michera was unsuccessful in the Chamber of Professional Accountability, which confirmed that Tuleya did not break the law.

In the meantime, Michera was already seeking nomination as a neo-judge of the Olsztyn District Court and received it from the neo-NCJ.

President of Iustitia: Citizens do not want the neo-NCJ and do not want to be judged by neo-judges

We asked the president of Iustitia, Prof. Krystian Markiewicz, for a comment. He told OKO.press: “Our research indicates that over half of Poles know what the neo-NCJ and neo-judges are. Most of those surveyed want this body’s activities to end. Most citizens also do not want their cases to be judged by neo-judges.

Citizens find it incomprehensible that we have judgments stating the neo-NCJ is an unconstitutional, self-appointed body, yet the Polish state remains passive. It allows this body to continue producing neo-judges in common, administrative, and Supreme Courts eight months after the elections, in June 2024.”

Markiewicz emphasized: “We expected the immediate cessation of this illegal practice, yet it is being tolerated. This is incomprehensible and unacceptable. We hope that soon, in connection with the supplementary election to the NCJ [the Sejm must elect a new member to the NCJ because MP Kamila Gasiuk-Pihowicz became an MEP – ed.], there will be an opportunity for a serious debate and reflection on the further activity of this body.

This is a good moment to consider whether it is worth following the path proposed by the ministry and the Senate. This concerns the amendment equalizing the rights of improperly appointed judges with those appointed in accordance with the Constitution [according to the Senate’s amendment, neo-judges could apply to the renewed NCJ – ed.].”

Prof. Markiewicz continued: “I understand that it is currently impossible to pass a law creating the final legal state due to the President’s stance. But laws are not needed to stop a situation that violates the Constitution. In a civilized state governed by the rule of law, the state’s duty is to execute judgments.

However, for many months, the state has not been doing so. It allows the functioning of an illegal body and the further poisoning of the judiciary with such nominations. The President’s decision indicates that he will not change his course, which he had already announced earlier. Meanwhile, time is running out.”

How does he assess those who, fully aware of the neo-NCJ’s illegality, went to the President today to receive appointments as flawed neo-

judges?

Prof. Markiewicz: “Those who received appointments today are fully aware that they are violating the Constitution. This behavior is obviously unworthy of a judge and violates the basic principles and requirements to be a judge. Let me remind you that a judge must have an impeccable character and basic decency.

Their behavior should be evaluated by the disciplinary officer, but they are still Piotr Schab, Przemysław Radzik, and Michał Lasota [Ziobro’s appointees, responsible for initiating mass repressions against judges known for defending the rule of law – ed.]

One thing I know for sure. Citizens expect that someone who is a judge should be an example of character and adherence to the rule of law.”

This text by Mariusz Jałoszewski was published on OKO.press on June 19, 2024.

https://oko.press/duda-powolal-kolejnych-60-neosedziow