Tag: Supreme Court

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.

The electoral process is overseen by all courts – from district courts to the Supreme Court. And they are all tainted by their unconstitutional design and staffed by the politicised National Council of the Judiciary, so they do not provide basic guarantees of fair and honest voting.

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.

If you are a Polish judge and you intend to apply European standards on judicial independence, think twice. You are facing suspension, as well as disciplinary and criminal proceedings. Either the end of your career or, at best, a long and unpleasant break. This is the situation in Poland, a European Union Member State, at the dawn of the 21st century.

Acting First President of the Supreme Court Małgorzata Manowska has requested the opening of proceedings against three legal judges of the Supreme Court for wanting to assess the legality of neo-judges while implementing the judgments of the ECtHR, the CJEU and the Supreme Court. Professor Wróbel and Judge Matras, who is defending suspended judges, could face charges.