Tag: Disciplinary Chamber

‘If there is such a possibility, let’s prosecute the judge. Regardless of whether or not the allegations are real,’ says Irena Majcher about the actions of the prosecution service. The Disciplinary Chamber will decide on Wednesday whether to revoke the judge’s immunity so that the prosecutor can charge her

‘These are inquisitorial proceedings. This has nothing to do with a fair trial,’ said Judge Beata Morawiec’s defence attorneys. The judge can still appeal against the Disciplinary Chamber’s decision

TVP’s news, ‘Wiadomości’, struck at Judge Beata Morawiec, known for her defence of the free courts, with material that sounded like a sentence that has already been passed against her. The material, which was based on a leak from the files from the prosecutor’s office, was broadcast two days before the Disciplinary Chamber’s meeting, which will decide on whether to cancel the judge’s immunity.

The Disciplinary Chamber will decide at the beginning of October whether the National Prosecutor’s Office will be able to press far-fetched criminal charges against judges who are known for defending the free courts. Judges and lawyers from all over Poland are supporting Igor Tuleya and Beata Morawiec.

‘The only way to contain the increasing lawlessness that we are witnessing in Poland is for your Commission to step up to the task it is given under the Treaties to enforce EU law. Do not further delay action in the name of dialogue. One simply cannot engage in dialogue with a pyromaniac who is actively adding fuel to a blaze. The rule of law in Poland is not merely being attacked. It is being destroyed in plain sight. ‘ – writes a dozen of law professors from across the globe to the European Commission President

In my opinion, each of the two points of the CJEU order is sufficient for the Disciplinary Chamber of the Supreme Court to stop all judicial activity with regard to judges, until the final judgment is delivered by the CJEU or until the safeguard order is amended, Adam Bodnar emphasizes.

Proceedings on Judge Igor Tuleya’s immunity are not covered by the freezing order of the EU Court of Justice – Supreme Court press officer Judge Aleksander Stępkowski told journalists on the 27th of May

The Disciplinary Chamber of the Supreme Court will consider a request to waive the immunity of judge Igor Tuleya. The prosecutor’s office wants to press charges against him in connection with a ruling in which he strongly criticised PiS and demanded an investigation into how the 2017 budget was passed

The National Prosecutor Bogdan Święczkowski, one of the Minister of Justice/ the Prosecutor General Zbigniew Ziobro’s closest associates, has demanded clarification from the First President of the Supreme Court, Małgorzata Gersdorf. He wants to know why she suspended the Disciplinary Chamber’s power of adjudication. Święczkowski’s letter sets a dangerous and unprecedented precedent that can be seen as an attempt at intimidation or to bring criminal charges.

The CJEU has ruled that the Disciplinary Chamber of the Polish Supreme Court may not conduct disciplinary proceedings against judges or refer them to courts which do not meet the criterion of independence under Union law. The ruling is in force until the CJEU renders final judgment on the European Commission’s complaint against the Polish government. The judgment will be handed down in the second half of 2020.