The chairman of the neo-KRS bis Dagmara Pawełczyk-Woicka said on TVN24 that judge Igor Tuleya was committing “a continuous disciplinary tort” by not appearing in the prosecutor’s office. – I do not put myself above the law. If they claim that the immunity has been lifted, then there are no obstacles to bring me to a prosecutor’s hearing – commented Tuleya.
In the online play-off, the president was asked about the case of suspended judges Igor Tuleya and Paweł Juszczyszyn.
Judge Tuleyi’s case dates back to 2017
Let us recall that the suspension of Igor Tuleya was related to the proceedings regarding the debates of the Sejm in 2017, which were moved from the meeting room to the column room and voting took place there. There was a notification to the prosecutor’s office regarding the legality of the deliberations in the column room. The prosecutor’s office discontinued the investigation twice.
The judge examined the second appeal against the discontinuation of the proceedings Igor Tuleyawho overturned the prosecutor’s decision and agreed that journalists should be present in the courtroom when the sentence was pronounced.
It was declared illegal by the head of the district court in Warsaw, disciplinary commissioners, and later by the Disciplinary Chamber The Supreme Court. Among the transcripts there were testimonies of deputies Law and Justiceincluding the Deputy Speaker of the Sejm Ryszard Terlecki.
After the prosecutor’s office’s decision to discontinue the investigation was revoked, there was a request to punish him with the Disciplinary Chamber and waive his immunity.
The Disciplinary Chamber lifted the judge’s immunity, which allowed the prosecution to start proceedings against him. He was summoned to the prosecutor’s office, but did not appear on multiple summons, as he believes that the Disciplinary Chamber is not – within the meaning of the law – a court and the decision to lift immunity has no legal basis.
Pawełczyk-Woicka on “continuous disciplinary tort”
Dagmara Pawełczyk-Woicka stated on TVN24 that Judge Tuleya “commits a continuous disciplinary tort” because he “does not appear before the Polish prosecutor’s office to submit explanations”.
– He is in some way above the law. I suppose that if the judge appeared (to the prosecutor’s office) and gave explanations, it is possible that this case would end very quickly at this stage – she said.
Tuleya: I do not put myself above the law, I am at the disposal of the prosecutor’s office
Judge Tuleya in an interview with a TVN24 reporter admitted that “it is difficult for him to respond to these words” because “he does not put himself above the law, he is at the disposal of the prosecutor’s office”. – I will not go to the hearing because I claim that my judicial immunity has not been lifted, I have not been suspended – he stressed.
– Regarding my judge’s immunity, the so-called Disciplinary Chamber, which is not a court, spoke out. This results from the judgments of European courts and Polish common courts – reminded the judge.
– If the chairwoman of the neo-NCJ and prosecutors believe that the immunity has been lifted, then there are no obstacles to bring me to a prosecutor’s hearing. I’m not hiding, I’m at the disposal of the prosecutor’s office, repeated Tuleya.
KOS: Judge Tuleya enjoys immunity
Members of the Justice Defense Committee (including Prof. Ewa Łętowska and Prof. Mirosław Wyrzykowski) referred to the words of the head of the neo-KRS bis at the conference. They found Judge Tuleya had no reason to appear before the prosecution. Because – as they argued – he still enjoys a judge’s immunity, which has not been taken away from him, “because the authority that tried to do so is not a court”.
The Disciplinary Chamber restored Judge Juszczyszyn
During the conversation in the program “One for One”, chairman Pawełczyk-Woicka also referred to the case of Paweł Juszczyszyn, judge from Olsztyn. He, in turn, was suspended in February 2020, after considering an appeal in a civil case in November 2019, he deemed it necessary to decide whether a judge nominated by the newly established National Council of the Judiciary was entitled to adjudicate in the first instance.
Therefore, in the issued decision, he ordered the Chancellery of the Sejm to present lists of support for candidates for the National Council of the Judiciary. The decision to suspend the judge was made by the Disciplinary Chamber of the Supreme Court. At the end of May 2022, however, the same chamber revoked the decision to suspend the judge.
Speaker of the Chamber that the proceedings took too long
Dagmara Pawełczyk-Woickiej, explaining this decision, stated that “as far as judge Juszczyszyn is concerned, we have taken certain actions related to the attempted vetting in the Supreme Court, because it was disturbing that the judge had been suspended for several years and the case was not settled and has been such a suspension “
“It is unacceptable,” she pointed out.
She added that the first president of the Supreme Court, Małgorzata Manowska, “refused access to documents” in this case.
– So we looked for these documents through interviews with judges, through analysis in the disciplinary officer office. The information that I managed to gather showed that the explanatory and disciplinary proceedings at the stage of the disciplinary officer as to the person of judge Juszczyszyn lasted a year, which was definitely too long. After a year, the application for recognition of this case was submitted to the Supreme Court and was not registered for a year – she described.
When asked if it was then a form of sabotage, Pawełczyk-Woicka replied that “such were the organizational decisions”.
Attorney Wawrykiewicz: a situation straight from autocratic countries
– As for judge Juszczyszyn, I understand from this statement on the neo-KRS that both the neo-KRS and their acolytes from the Disciplinary Chamber decided to show mercy towards the judge, because he had been suspended for too long and he could not adjudicate – commented at the conference of the Justice Defense Committee Juszczyszyn’s representative, attorney Michał Wawrykiewicz. – This is obviously a situation straight from autocratic states, and not from a democratic state governed by a legal order
He added that according to the Polish Constitution, only an independent and impartial court may take any action against a judge, “and not the Disciplinary Chamber, which is not that court”.
– Both the actions taken on February 4, 2020, when the judge was removed from adjudication, and the restoration thereof, are actions that have no legal value. They only have a factual value – that he was forcibly removed from the ruling and can now return – he stated.
Juszczyszyn “victim of harassment”
He also referred to the fact that the president of the court in which Juszczyszyn had adjudicated decided that he would be transferred to another department and that he would have to use the outstanding leave before returning to the courtroom.
– After all, it was not driven by staffing needs, but harassment on the part of the president of the court. And an immediate forced shift to vacation – he said.
The Justice Defense Committee organized a press conference on Friday in connection with the adoption by the Sejm of the draft law liquidating the Disciplinary Chamber of the Supreme Court. This is to open the way for acceptance Of the National Reconstruction Plan for Poland by the European Commission. According to the members of the Committee, the money will not be unblocked, because the project does not meet the conditions (the so-called milestones) set for Poland by the European Commission.