Jacek Tyszka refused to adjudicate with judges nominated by the new National Council of the Judiciary. According to Przemysław Radzik, “he resigned from office”

Jacek Tyszka is a judge of the District Court in Warsaw. In a letter dated July 28, he informed the president of the District Court, Piotr Schab, that from September 1, he “refused to adjudicate in panels with persons appointed to the office of judges with the participation of the National Council of the Judiciary established under the Act of December 8, 2017”.

Tyszka assessed that the composition of the present National Council of the Judiciary was shaped in a manner inconsistent with the constitution. He explained that the term of office of 15 legally appointed judges was interrupted, and the new members were elected “by the Seym, not by judges, as required by the constitution”.

Therefore, he stated, “persons formally appointed to the office of a judge as a result of a recommendation by the National Council of the Judiciary in the current composition do not have the status of a judge”. “Therefore, they are not judges. Due to the fact that the judiciary is administered by judges, no judge should participate in judicial panels with persons who are not judges. Hence my decision” – explained Tyszka.

On behalf of the president, Piotr Schab, Tyszce he wrote back Przemysław Radzik, vice president of this court. He stated that Tyszka “refuses to abide by the constitutional order” and that his letter is “an announcement of proceedings against the judicial oath”. Radzik decided that Tyszka’s statement “constitutes a resignation from office”.

In response, the vice president of the court informed that, in accordance with the provisions, “the service relationship of a judge is terminated by operation of law, if the judge resigns from office, and” the resignation is effective from the date of submitting a statement to the Minister of Justice, unless the Minister of Justice specifies another term”.

The provision cited by Radzik, however, mentions the “effectiveness of resignation from office” only three months after submitting the statement to the minister.

Piotr Schab is the disciplinary spokesman for common court judges, and Przemysław Radzik is his deputy.

Judge Tyszka came to the Warsaw district court on Wednesday to submit a letter in which he declared that he would not relinquish the office of judge.

– My statement was an expression of opposition to what is happening with the Polish justice system. I do not agree with this. Certainly I am and I want to be a judge, I do not want to resign from office. I want to work, but I do not want to work illegally, he emphasized.

Wojciech Hermeliński, a former judge of the Constitutional Tribunal said on TVN24 that “this is an unimaginable matter”.

– In the letter submitted by Judge Tyszka there is no mention that he is resigning from office. Even based on the context of the wording contained in this letter, such a conclusion cannot be drawn, he emphasized.

According to Hermeliński, this is a “gross abuse” and “Judge Radzik should be ashamed”. – It is unworthy to make such decisions – he assessed.