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CJEU judgment on the transfer of a judge without his consent. Judge Aleksander Stępkowski and Michał Wawrykiewicz comment

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Attorney Michał Wawrykiewicz from the Free Courts Initiative, referring in TVN24’s “Fakty po Faktach” to the judgment of the CJEU on the transfer of a judge without his consent, said that “this is the strongest of those judgments that have been issued so far”. The judge and spokesman of the Supreme Court, Aleksander Stępkowski, when asked if the citizen would be sure that the judgment in his case, if issued by the judge appointed with the participation of the new National Council of the Judiciary, would be upheld, replied: – I suggest contacting someone who predicts the future.

FACTS AFTER FACTS – WATCH THE INTERNET ON TVN24 GO

Court of Justice of the European Union ruled on Wednesday that the transfer of a judge without his consent to another court or between two divisions of the same court may violate the principles of irremovability and independence of judges. The ruling of the CJEU also shows that the circumstances in which the judge of the Extraordinary Control and Public Affairs Chamber of the Supreme Court, Aleksander Stępkowski, was appointed may lead to the conclusion that the appointment was “gross violation of the basic rules of the procedure for appointing judges of the Supreme Court, which are an integral part of the Polish system and functioning. judiciary “.

Wawrykiewicz: This is the strongest of the judgments that have been issued so far

Stępkowski discussed this ruling in “Fakty po Faktach” on TVN24 with attorney Wawrykiewicz.

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Wawrykiewicz said that the ruling “confirms the existing jurisprudence and goes even a step further”. – At the moment we are clear and certain that all appointments with the participation of the National Council of the Judiciary are defective. All neo-judges, such as Mr. Aleksander Stępkowski, because he is personally concerned by this ruling, are called to the Supreme Court in a defective manner – he said.

– All nearly 50 (people appointed with the participation of the new National Council of the Judiciary – ed.) Sitting in the Supreme Court are people who do not have the correct judicial status, they should not adjudicate, they should immediately leave the building at Krasińskich Square (the seat of the Supreme Court is located there – ed.) – he continued.

He stated that “this is the strongest of those judgments that have been handed down so far.”

Wawrykiewicz: the CJEU decision confirms the existing jurisprudence and goes one step furtherTVN24

Stępkowski: I will not leave the position of a judge in the Supreme Court

Stępkowski did not agree with these words. – Mr. Wawrykiewicz clearly misleads the public opinion by saying that this ruling concerns me directly. If it concerned me directly, I believe that the Court of Justice of the European Union would inform me about it, deliver relevant documents to me and ask me to take a position – he argued.

– Since he did not do it, we can see how far from reality what activists and politicians, such as Mr. Wawrykiewicz, are saying – he added.

Stępkowski: I will not leave the post of judge in the Supreme CourtTVN24

Stępkowski asked about the consequences of the CJEU judgment: I suggest contacting someone who foresees the future

When asked whether he would leave his post in the Supreme Court in connection with the CJEU ruling, he replied: – of course I will not leave, as I am a judge.

He stated that the CJEU “did not adjudicate” that his appointment to the Supreme Court was defective. Asked by the moderator whether the citizen will be sure that the judgment in his case issued by the judge appointed with the participation of the new National Council of the Judiciary will be upheld, he replied: – if you are looking for answers to this type of questions, I suggest you contact someone who predicts the future . Unfortunately, I do not have this type of supernatural abilities, therefore I cannot answer this question.

Attorney Wawrykiewicz responded to these words.

– You do not have to predict the future here, just look at the judgments that are already issued, inter alia, by the Supreme Court – he said.

Main photo source: TVN24



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