Igor Tuleya, a symbol of the free courts, filed a complaint with the ECtHR because the court presidents nominated by Ziobro are not implementing the judgments ordering his return to work. Tuleya will also request a fine of PLN 15,000 and the arrest of the minister’s nominee
Minister Ziobro’s people step up the repression of independent judges. Piotr Schab has just taken steps against former First President of the Supreme Court Małgorzata Gersdorf for allowing legal Supreme Court judges to pass a historic resolution undermining the legality of the neo-NCJ and the Disciplinary Chamber.
Kozielewicz is a legitimate judge of the Supreme Court, so the President’s gesture should be viewed in the context of the dispute of the PiS authorities with the EU over the rule of law. Meanwhile, acting President of the Supreme Court Małgorzata Manowska is taking steps that could lead to 30 legal judges being thrown out of the Supreme Court. This is a new development in the attempt by the current government and its nominees to take complete control over the still legal part of the Supreme Court and another attempt to pacify the old Supreme Court judges.
Michał Lasota, Minister Ziobro’s disciplinary commissioner, has instigated disciplinary action against Judge Dorota Tyrała. The judge’s ‘guilt’ is that she issued a ruling that was favourable for Igor Tuleya and implemented the judgments of the CJEU and the ECtHR. Additionally, charges were filed against three other appellate judges for the same thing.
The declaration of the 30 judges of the Supreme Court is a strong message addressed to all judges in Poland. The judges of the Supreme Court show that the judgments of the CJEU and the ECtHR and the historic resolution of the full panel of the Supreme Court that challenged the neo-NCJ and the neo-judges it nominated should be implemented.
The temporary Chamber of Professional Liability assessed the decision of the Minister of Justice to suspend an independent judge for the first time. And held that Zbigniew Ziobro had groundlessly suspended Judge Marzanna Piekarska-Drążek for applying CJEU and ECtHR rulings
The old Supreme Court challenged the legality of the neo-judges in the Supreme Court. This is another such ruling issued despite the prohibition to examine their status. This ruling shows that the old Supreme Court judges will continue to apply the judgments of the ECtHR and the CJEU.
President Andrzej Duda attacked the organizations of judges for challenging the Polish National Recovery Plan before the CJEU. According to the President, judges want to govern. However, Duda does not understand how the separation of powers works and does not know that judges can protest and express their opinions.
Piotr Schab, president of the Court of Appeal in Warsaw, confirmed that the transfer of two judges to different divisions is a penalty for applying judgments of the ECtHR and the CJEU. Schab and his deputy, Radzik, will face criminal liability in the future for the repressions.
The Sejm has elected 15 members of the new Nationa Council for Judiciary for a second term with the ruling coalition’s votes. They are mainly the members of the Council to date, but there are also a few new ones. The MPs were not discouraged by the fact that several judges belonged to a group on WhatsApp called Kasta/Antykasta.