The case, which was intended to shake the Polish justice system, was swept again under the carpet. justice Wojciech Maczuga, who reported a scandal concerning the neoKRS president, Dagmara Pawełczyk-Woicka, accuses the National Prosecutor of dropping the investigation without taking real action. Is the prosecution acting in the political interest alternatively of upholding the regulation of law? Is Bodnar and his crew protecting common criminals who cover for immunity? Is that what law enforcement is like?
Culls of scandal around neoKRS
Demoralized legally Dagmara Pawełczyk-Woick, she was a close associate of Zbigniew Ziobra, head of the Ministry of Justice, has been controversial for years. Her fast career, from a territory justice to the president of the politicized KRS, raises suspicions of political dependence. Even more controversy was caused by the repeal of the punishment imposed on her by the Krakow justice Wojciech Maczuga.
Maczuga wanted to verify the independency of neojudges from Wadowice, who conducted proceedings at the first instance, due to her fast promotion during the reign of the Law and Justices. However, Pawełczyk-Woicka refused to supply papers concerning the appointment of this judge. In response, Machug imposed a fine of PLN 3,000 on her.
Surprising changes in the composition of the ruling and the repeal of the punishment have led to suspicion that judicial decisions may have been the consequence of political pressures.
Pressures on judges and unusual decisions
Just after the imposition of the punishment on Pawełczyk-Woiczka there were unexpected changes in the composition of the ruling territory Court in Krakow. 2 judges, Rafał Lisak and Margaret Fronc, applied for leave on request on the day of the crucial hearing. 2 judges were introduced, including Jędrzej Dessoulavy-Sliwiński – a neojudge who, according to a later ruling of the ultimate Court, did not meet the criteria of independence. It was him, along with justice Sebastian Mazurek, who lifted the punishment for Pawełczyk-Woick.
Judge Maczug not only informed the then president of the territory Court in Krakow, Bartłomiej Migda, but besides filed an application with the prosecutor who... refused to initiate an investigation.
The D.A. is dropping the investigation, but is it legal?
Despite the serious allegations and certificates of the judges, The National Prosecutor's Office has decided to drop the investigation. Magistrate Machug learned of his resignation from a laconic, only one-handed writing, without justification and without the anticipation of a complaint. – I wasn't even given the chance to complain. – says justice Machug, stressing that he was most likely not considered injured, which allowed the prosecution to terminate the case.
It is amazing that key witnesses, specified as justice Maciej Czajka, have not been questioned. The deficiency of hearings, pressures and controversial decision of the prosecutor's office raises serious doubts as to the reliability of the proceedings. This case is not only about a single case, but about systemic problems with the independency of the judiciary in Poland.
Voice of Judges and Lawyers: Is the prosecution acting in accordance with the law?
The decision to drop the investigation has sparked a wave of criticism from the legal community. Beata Morawiec, erstwhile president of the Krakow territory Court, presently Vice president of the Association of Judges Themisstated unequivocally: – It's a curious decision by the D.A. justice Machugue's notification was justified, and his remission raises serious doubts in the context of his sense of justice.
The machuga, hoping for justice, again reported the case to the D.A. after the election, hoping for changes in proceedings. Unfortunately, his hopes were rapidly dispelled.
Is there a mechanics of force on judges?
Judge Wojciech Maczuga points out that in his opinion a mechanics of force was created in the Polish judiciary, which puts force on judges, forcing them to be loyal to political power. He claims that the judiciary functions in a strategy in which judges, fearing consequences, are forced to make decisions in accordance with the interests of power.
These allegations are not isolated. another judges who pay attention to the deficiency of independency of the Polish justice strategy from political influence besides talk in a akin way.
End:
The case of Pawełczyk-Woiczka and its controversial repeal of fines by neo-judges, the decision of the National Prosecutor's Office to drop the investigation and the allegations of justice Maczuga pose serious questions about the state of the Polish justice system. Can we inactive talk about the independency of courts erstwhile political pressures are visible at all turn?
Not only lawyers and judges await the consequence from the National Prosecutor's Office, but besides citizens who want transparent and fair justice in Poland.
More here:
Rule of law? Prosecutors of Bodnar silently drop the investigation against Dagmara Pawełczyk-Woiczka
