Tag: disciplinary proceedings

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 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.

The Court of Justice of the EU found inadmissible referrals for preliminary rulings submitted by judges Igor Tuleya and Ewa Maciejewska for formal reasons. However, it did emphasize in its ruling that disciplinary repression cannot be applied against judges of national courts in the EU for submitting questions to the CJEU. The Court will shortly assess the model of disciplinary liability for judges in Poland in an infringement proceedings case initiated by the European Commission.

“Justice under pressure – repressions as a means of attempting to take control over the judiciary and the prosecution in Poland in 2015-2019” report was prepared by the Association of Polish Judges “Iustitia” and association of prosecutors “Lex Super Omnia”

The National Prosecution Office has applied for the waiver of Judge Igor Tuleya’s immunity because he ordered an investigation into the Law and Justice vote in the Sejm’s Column Hall. Tuleya will be the first judge to whom the muzzle act will be applied. Because the illegal Disciplinary Chamber will make a decision as to his immunity.

Open Letter to the President of the European Commission regarding Poland’s disciplinary regime for judges and the urgent need for interim measures in Commission v Poland (C-791/19)

On 8 July 2019, prosecutor Mariusz Krasoń was relocated from the Regional Prosecutor’s Office in Cracow, Poland to the District Prosecutor’s Office in Wrocław-Krzyki, almost 300 km away, and two levels lower in the hierarchy. The Justice Defence Committee (KOS) indicates that in May 2019, prosecutor Krasoń initiated a resolution of the Assembly of the Regional Prosecutor’s Office in Cracow.

Awareness of the changes in the Polish judicial system implemented by the ruling party, Law and Justice, is growing both domestically and internationally.

For the second time in recent months, in June 2019 the Supreme Court referred preliminary questions to the European Court of Justice regarding disciplinary proceedings against judges. The most recent case involves judge Frąckowiak of the Poznań regional court.