In fresh days, the Minister of Justice, Adam Bodnar, received requests for disciplinary proceedings against judges who became the faces of controversial changes in the Polish judiciary, introduced by erstwhile Minister of Justice, Zbigniew Ziobra. These proposals concern judges who were beneficiaries of these changes and played a key function in implementing the Law and Justice Policy. Their actions towards independent judges specified as Paweł Juszczyszyn and Waldemar Żurek rise serious doubts about the legality and principles of professional ethics.
Applications for disciplinary action against Maciej Nawacki
The first request was made by the fresh president of the territory Court in Olsztyn, Krzysztof Krygielski, and concerns the actions of Maciej Nawacki, the erstwhile president of that court and a associate of the controversial neo-KRS. Krygielski calls for Minister Bodnar to appoint an extraordinary disciplinary spokesperson who would measure Nawacki's disciplinary action towards justice Paul Yuszczyszyn from 2019 to 2023.
Paweł Juszczyszyn was celebrated as the first Polish justice to effort to execute the precedent judgement of the Court of Justice of the European Union (TEU) of November 2019 concerning the neo-CRS and the Disciplinary Chamber. In this context, Yuszczyszyn requested the Sejm to disclose a letter of support to the neo-KRS, which were then secret. Nawacki's actions towards Yuszczyń included:
- Refusing justice Yuszczyszyn from ruling in November 2019 for 1 monthEven though there were no statutory grounds for this. This decision was subsequently repealed by the Disciplinary Board of First Instance.
- Revocation of Yuszczyszyn from ruling in February 2020, this time for more than 2 years, on the basis of an unlawful decision of the Disciplinary Board, which suspended the justice for attempting to enforce the judgement of the EU Court.
- Blocking the resolutions of the Olsztyn judges in defence of Yuszczyn and the regulation of law, which took place in February 2020. There is besides an investigation in the National Prosecutor's Office, ordered by the court.
- Transfer of Yuszczyn to the household department and sending him on forced leave in 2022, after being suspended by the Disciplinary Board. This decision was later challenged by courts which considered Nawacki to have broken the law on the strategy of common courts.
Nawacki besides ignored the decisions of the courts ordering the reinstatement of Yuszczyszyn to justice and the withdrawal of the decision on criminal transfer.
Applications for disciplinary action against Piotr Schab, Przemysław Radzik and Michał Lasota
Another application for the appointment of a peculiar disciplinary spokesperson was received from the typical of justice Waldemar Żurek, 1 of the most persecuted judges in Poland during the time of the Law and Justices. Żurek, erstwhile spokesperson for the National Judicial Council, became a symbol of opposition to changes in the judiciary introduced by Zbigniew Ziobra.
In 2018-2023 Waldemar Żurek was subjected to a number of repressive actions, including 23 disciplinary proceedings. These conclusions were initiated by chief disciplinary spokesperson Piotr Schab and his 2 deputies, Przemysław Radzik and Michał Lasota. The Plenipotentiary of Żurka argues that these disciplinary authorities were unfounded and aimed only at intimidating and forcing Żurek to halt defending the regulation of law.
Among the most controversial allegations against Żurek are:
- The alleged taxation evasion for the sale of a forestry tractor.
- The alleged falsification of judgments.
- The alleged threat of erstwhile Vice president of the Kraków territory Court, nominated by Ziobra.
- Critics and suit against neojudge of the ultimate Court Kamil Zaradkiewicz.
All these allegations, according to Żurek's attorney, were unfounded and aimed solely at harassing Żurek for his activities to defend the independency of the judiciary.
The Justice hotel examines the conclusions
The Ministry of Justice, led by Adam Bodnar, is presently examining proposals concerning disciplinary staff and does not reject them in advance. peculiar attention is paid to the cases of judges specified as Waldemar Żurek and Paweł Yuszczyszyn, who were subjected to repression for their independence.
Establishment of peculiar Disciplinary Ombudsmen
The Ministry had previously appointed 3 peculiar disciplinary spokespersons: Włodzimierz Brazewicz, Grzegorz Kasicki and Cezary Baćkowski. Brazewicz and Kasicki took over disciplinary matters brought by Peter Schab and his deputies to independent judges. These cases are systematically dismissed as they are considered unfounded and repressive.
Cezariusz Baćkowski was appointed to settle neo-KRS members from their activities in this illegal organ.
Conflict of Interests in the Environment of Ombudsmans
Both the president of the Olsztyn territory Court, Krzysztof Krygielski and the lawyer Justyna Boruck, stress that current disciplinary spokespersons should not justice cases where they are straight active or have close relations with the accused. Krygielski notes:
"Nawacki's activities should be assessed by an independent disciplinary spokesperson."
Despite the change of power, the Minister of Justice did not appeal Peter Schab, his deputies or local spokespersons, citing their word of office.
Controversial figures in the function of spokespersons
The deputy disciplinary officer at the Warsaw territory Court is Jakub Ivaniec, to whom the prosecutor intends to press charges in connection with the hatred scandal. Ivaniec was a associate of the discussion group Kesta/Anticist on WhatsApp, bringing together judges close to erstwhile Deputy Minister of Justice, Łukasz Piebiak.
The prosecution besides plans to charge Iwanc and Przemysław Radzik with their engagement in the hatred scandal, including for attacking justice Żurek.
In turn, the deputy disciplinary spokesperson at the Olsztyn territory Court is neo-judge Tomasz Koszewski, who in the past was the deputy neo-president Maciej Nawacki and led the disciplinary officer against justice Yuszczyszyn.
Investigations and notifications
Regardless of the requests made to the Minister, the National Prosecutor's Office in May 2024 launched a comprehensive investigation in which Maciej Nawacki's actions will be assessed for criminal liability. justice Waldemar Żurek besides filed a announcement with the D.A. against disciplinary spokespersons for his repression.
Conclusions of the president of Krygielski
President Krzysztof Krygielski in his application to Minister Bodnar stresses that justice Paweł Juszczyszyn was subjected to repression by erstwhile president Maciej Nawacki. Krygielski points to possible infringements of Article 107(1) points 2 and 5 of the General Courts Act.
Point 2 refers to ‘actions or omissions which may prevent or importantly impede the functioning of the judiciary’. Yuszczyszyn for over 3 years, due to Nawacki's decision, could not rule, which negatively affected the functioning of the court and delayed the issuing of judgments.
Point 5 concerns the deficiency of dignity of the office of judge. Krygielski argues that Nawacki's actions hit the image of the Olsztyn court and the full justice system, were motivated by retaliation and the desire to harm the judge.
Repressions towards the president of Krygielski
Krzysztof Krygielski, who replaced the cancelled Nawacki a fewer months ago and is presently seeking to reconstruct the regulation of law in the Olsztyn court, was himself a victim of repression in the past. As vice-president of the court, after the end of Nawacki's word of office, he executed the decisions of the court and reinstated Yushyn to judgment. The Ministry of Justice reacted quickly, citing Nawacki for a second term, canceling Krygielski and initiating disciplinary proceedings against him.
Proceedings of the Plenipotentiary of Żurek
The Plenipotentiary, representing justice Waldemar Żurek, requests that the actions of Piotr Schab and his deputies be assessed in the light of the disciplinary tribunal referred to in Article 107, paragraph 1, point 5 of the Law on the strategy of Universal Courts, i.e. the failure of the dignity of the office of judge.
He stresses that most discipliners towards Żurek have been taken over by another extraordinary disciplinary spokespersons and are in the phase of decommitment. The case of alleged falsification by the justice was dismissed by the National Prosecutor's Office.
Additionally, in the context of the hatred scandal, it was revealed that the disciplinary officer for Żurek for criticizing neo-Judge SN Kamil Zaradkiewicz was utilized for media attack on him. The prosecution is now going to charge Przemysław Radzik and Luke Piebiak. The Ombudsman besides provided Piebiak with another information from disciplinary proceedings against Żurek.
Summary
The actions of disciplinary spokespersons and president Maciej Nawacki towards independent judges rise serious doubts as to their legality and professional ethics. Current analyses and investigations aim to reconstruct assurance in justice and punish those who abused their powers for repressive purposes.
Continued here:
Bodnar received further disciplinary applications for Nawacki, Schab, Radzik and Lasota
