Minister of Justice Adam Bodnar made a reasoned request present (1.08.20124) to the College of the Gdańsk territory Court to express his views on the appeal of the duties of justice Catherine Cloudy, president of the Malbork territory Court and justice Agnieszka Czerwińska, Vice president of the Malbork territory Court. The president and Vice-President of SR in Malbork were suspended on 31.07.2024 in full.
The request was justified by the deficiency of participation of the judiciary in the election of the Presidents and Vice-Presidents of the courts. The Minister of Justice points out that during the word of the Minister of Justice by Zbigniew Ziobra, erstwhile in 2017 there was a change of the provisions of the General Courts Act, which eliminated the influence of the judicial authorities on the election of the Presidents and Vice-Presidents of the courts. This led to a situation in which the Minister of Justice began to appoint persons who did not have adequate judicial and managerial experience. The candidates for Presidents and Vice Presidents of the courts were selected according to the non-retirement key, which in many cases importantly reduced the standard of court management.
In addition, the request of the Minister of Justice was justified by the Magistrate Katarzyna Chmura and justice Agnieszka Czerwińska in support of the neoKRS candidates, which was incorrectly shaped by the Act of 8 December 2017. It was widely known that the neo-KRS in the fresh composition was established after the interruption of the constitutional word of the members of the KRS formed in accordance with the Constitution. Furthermore, in the case of justice Catherine Cloudy, the request of the Minister of Justice was justified by its active participation in the process of destroying the independency of the judiciary, by agreeing to membership and then participating in neo-KRS work, which was shaped in a manner contrary to the provisions of the Constitution of Poland.
The Minister of Justice has decided to initiate the appeal procedure and to suspend in office the Management of the Malbork territory Court after having examined the papers relating to its situation.
Pursuant to Article 27(1)(2) of the General Courts Act (U.S.) The president and Vice-President of the Court may be dismissed by the Minister of Justice during his word of office, inter alia, in cases where further duties cannot be reconciled for another reasons with the good of the judiciary.
The appeal procedure shall begin with a reasoned request by the Minister of Justice to appeal persons acting as president or Vice-President of the Court to the college of the competent court, who are obliged to give an opinion on the action of the Minister (Article 27(2) of the Rules of Procedure), and the Minister shall be empowered to suspend the persons afraid in the performance of the action (Article 27(2) of the Rules of Procedure).
Daniel Głogowski
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Court cleaning is ongoing. Bodnar suspends the neo-president and ‘Vicepreza SR in Malbork
