“The refusal to execute the aforementioned judgments is not only a flagrant violation of the Community law that is binding on us, but also a violation of the national constitutional order,” wrote 91 judges from Olsztyn in a joint appeal. The signatories of the letter called on “all obligated authorities” to comply with the judgment of the Court of Justice of the European Union and to suspend the operation of the Disciplinary Chamber of the Supreme Court.
Court of Justice of the European Union ruled on 15 July that the system of disciplinary liability of judges in Poland is not consistent with European Union law. On July 14, the vice-president of the CJEU, Rosario Silva de Lapuerta, decided to apply interim measures to Poland in another case in the form of “immediate suspension” of the application of national provisions relating to the powers of the Disciplinary Chamber.
The first president of the Supreme Court, Małgorzata Manowska, announced a day later that suspended the interim measures ordered by the CJEUwhich means that judges of the Disciplinary Chamber – contrary to the position of the European Tribunal – may adjudicate in disciplinary cases. It was published in “Rzeczpospolita” on Thursday interview with Manowskain which she said, inter alia, that she “is considering blocking the work of the Disciplinary Chamber to allow the government and parliament to carry out any legislative work in a calm manner.”
Olsztyn judges appeal to “all obligated bodies”
91 judges from Olsztyn signed the appeal, in which they called on “all obligated authorities” to “fully comply with the decision of the Court of Justice of the European Union of July 14, 2021 and the judgment of the Court of July 15, 2021, including the immediate cessation of the Chamber’s activities. Disciplinary of the Supreme Court “.
The judges emphasized that “the refusal to execute the above-mentioned judgments is not only a flagrant violation of the Community law in force, but also a violation of the national constitutional order”.
Juszczyszyn demands that he be allowed to adjudicate. He relies on the judgment
Among the signatories is Paweł Juszczyszyn, a judge from the Olsztyn district court. After the judgment of the Court of Justice of the European Union, Juszczyszyn asked the president of the court, Maciej Nawacki, “demanding immediate admission to the performance of all official rights and duties, including the performance of judicial functions”.
Juszczyszyn was suspended by the Disciplinary Chamber in February last year. He was punished after he found it necessary in a civil case whether a judge nominated by the new National Council of the Judiciary was authorized to adjudicate.
Main photo source: TVN24