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Disciplinary proceedings against Krakow judges

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On the website of the disciplinary spokesman of judges, Piotr Schab, it was informed on Friday that after the notification of the president of the District Court of Krakow, explanatory actions were taken in cases of judges of the District Court in Krakow – this includes, among other things, publicly questioning the effectiveness of the appointment of the First President of the Supreme Court and the authority of the National Council of the Judiciary and the Constitutional Tribunal.

“Based on the content of the notifications, the president of the District Court in Krakow, the deputy disciplinary spokesman of common court judges, has undertaken and is conducting explanatory proceedings in cases concerning a justified suspicion of disciplinary offenses committed by appointed SO judges in Krakow” – the judges’ disciplinary spokesman’s website was informed on Friday.

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It was written that disciplinary offenses consisted in “taking unlawful actions in September and in the first half of October this year in the form of publicly questioning the effectiveness of the appointment of Małgorzata Manowska to the position of a judge of the Supreme Court and undermining the legality of her election to the position of the first president of the Supreme Court, and then taking actions questioning the authorization of constitutional organs of the state – the National Council of the Judiciary and the Constitutional Tribunal “- it was written in the published communiqué.

Disciplinary spokesman for common court judges Piotr Schabtvn24

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The case of Krakow judges – as it was added in this announcement – also concerns “inciting judges to violate the law, inter alia by refusing to adjudicate with other judges whose candidacies were presented to the President of the Republic of Poland by the National Council of the Judiciary, appointed pursuant to the Act of 8 December 2017. and also on a public questioning of Article 190 (1) of the Constitution, which defines the principle of universal binding force and the final nature of the judgments of the Constitutional Tribunal “.

Krakow judges refuse to adjudicate with persons elected by the new NCJ

The communiqué also stated that “the subject of the investigations carried out is also the issue of the possible breach of the office’s dignity by the appointed judges of the District Court in Krakow in the scope of the offense under Article 63a of the Code of Petty Offenses committed on September 20, and its publication and praise in social media, as well as continue unlawful activities despite calls to stop them. ” The cited provision of the Code of Offenses states that “whoever places an advertisement, poster, placard, appeal, leaflet, inscription or drawing in a public place, or displays it in a different place without the consent of the administrator of that place, shall be subject to the penalty of restriction of liberty or a fine. “. “Incitement and aiding and abetting are punishable” – adds the provision. In September, it was reported that 11 Krakow judges refused to adjudicate in panels that would include judges elected by the new National Council of the Judiciary. At the same time, they announced “taking legal measures to avoid defective judgments issued with their participation”.

Judges transferred to other divisions and removed from adjudication

In response to their statement, the president of the Krakow SO Dagmara Pawełczyk-Woicka decided that they would not be drawn for multi-person teams.

“Judge of the District Court in Kraków, Maciej Ferek, was removed from the ruling by a colleague of the Minister of Justice Zbigniew Ziobro – Dagmara Pawełczyk-Woicka, for considering as non-existent a decision made by a person appointed to a judicial position with the participation of the politicized neoKRS” – the Association of Polish Judges reported on Twitter Lady Justice.

Actions were taken in relation to three of these judges – Maciej Czajka was transferred from the criminal department to the civil department, and judges Beata Morawiec and Katarzyna Wierzbicka – from the appeal department to the first-instance district court department.

As reported in October by the Association of Judges “Themis”, over 800 judges from Poland and abroad and over a thousand other people signed the appeal to restore judges Morawiec, Wierzbicka and Czajka to their previous positions. According to the president of the SO, disciplinary proceedings should take place against judges who submitted the statements. She informed that she had requested the disciplinary officer to investigate them.

Main photo source: TVN24



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