Poland’s Supreme Court has adopted a resolution on the legality of judicial appointments made by the reconstituted National Council of the Judiciary and on rulings by the new Disciplinary Chamber. What follows is a translation of that ruling into English.

A disciplinary officer for line prosecutors has initiated disciplinary proceedings against Katarzyna Gembalczyk, one of the leaders of the Lex Super Omnia prosecutors’ association, with a critical stance towards Minister of Justice and Prosecutor General Zbigniew Ziobro. The disciplinary officer is demanding an explanation for why she was dressed in her robe during the Thousand Robes March. “I was performing my duty to defend the rule of law.”

Respect for the rule of law is one of the key conditions for EU membership. No country can join or remain in the EU without an independent judiciary.

On 23 January, a panel composed of three chambers of the Supreme Court will decide whether judges nominated by the new, politicized National Council of the Judiciary should be allowed to adjudicate. The “legacy” justices of the Supreme Court in the Civil, Criminal, and Labour Law chambers were asked by First President of the Supreme Court Małgorzata Gersdorf to rule on the issue. Their resolution will be binding on the Supreme Court.

More than 40 judges are being targeted by people loyal to Minister of Justice Zbigniew Ziobro for their rulings, defence of judicial independence, meetings with citizens, criticism of “good change”, or implementation of CJEU judgments. 2019 was a difficult year for judges, in which Law and Justice (PiS) sought to break their resistance through repressions. What follows is a list of the persecuted judges.

“I feel ashamed when I see that the First President of the Supreme Court can say such things about Poland. Ashamed that someone like that was ever appointed to that office. Thankfully, this will soon change.” This is how Polish President Andrzej Duda referred on government-controlled TVP to the First President of the Supreme Court, professor Małgorzata Gersdorf

Disciplinary officer Przemysław Radzik has brought disciplinary charges for violating the dignity of the office of judge and accused two justices of abuse of power for implementing a CJEU verdict. This is punishment for their courage in querying the legality of the new National Council of the Judiciary (NCJ) and of the judges promoted by it. Radzik is also seeking to suspend both judges.

A letter from National Prosecutor Bogdan Święczkowski to line prosecutors represents the opening of another front in Law and Justice’s fight to put a choke hold on the independence of the justice system.

From now on, it will be possible to invoke recent rulings by the EU Court of Justice and the Polish Supreme Court as a means of undermining judges appointed by the new National Council of the Judiciary. It is highly likely we will see competing and contradictory verdicts and resolutions being handed down by courts, including the various chambers of the Supreme Court. “This needs to be dealt with via legislation,” says Michał Laskowski, Spokesman for the Supreme Court.

Judge Paweł Juszczyszyn, an advocate of judicial independence, is being targeted by appointees of Justice Minister Zbigniew Ziobro for implementing a CJEU ruling that the PiS-led government disagrees with. Judges and ordinary citizens around Poland have come out to protest in his defence.