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Judge Gąciarek submitted eight notifications to the prosecutor’s office. One of them concerns the first president of the Supreme Court

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Judge Piotr Gąciarek announced on Friday that eight people who had participated in removing him from work, suspending him, and preventing him from returning to adjudication had submitted notifications to the prosecutor’s office about committing a crime. One of the letters concerns the first president of the Supreme Court, Małgorzata Manowska.

– Just a moment ago, together with my attorney, Mr. Michał Wawrykiewicz, we submitted notifications of a crime concerning eight people. These are notifications regarding all persons responsible for my unlawful removal from work on September 13, 2021, then suspension on November 24 for 14 months and preventing me from returning to work – said Judge Piotr Gąciarek during a press conference.

As he mentioned, the notifications concern: the then (at the time of Gąciarek’s dismissal) president of the District Court in Warsaw and the disciplinary prosecutor of judges Piotr Schab, the deputy disciplinary prosecutor – Przemysław Radzik and Michał Lasota, “the person acting as the first president of the Supreme Court, a neo-judge, as it is necessary to say this Małgorzata Manowska“, members of the then Disciplinary Chamber – Tomasz Przesławski, Konrad Wytrykowski and Jacek Wygoda, and Joanna Przanowska-Tomaszek – president of the District Court in Warsaw from 2022.

Piotr Gąciarek and Michał WawrykiewiczTVN24

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– We are submitting a notification to these people and I have the right to expect, as a judge, as a citizen, all of us as judges and citizens, because this is not my private matter, I have the right to expect that the prosecutor’s office will deal with it diligently. Of course, I am a realist, but we are waiting for the move of the prosecutor’s office, as we know, the decisions of the prosecutor’s office can also be appealed – he concluded.

Wawrykiewicz: this lawlessness must meet with an adequate response

Judge Gąciarek’s representative, attorney Michał Wawrykiewicz, also spoke. – Such blatant lawlessness, which we have experienced here and continue to deal with, must be met with an adequate response. And this reaction is a report about the possibility of committing a crime, which my client submitted to the above-mentioned people. What we were dealing with here, when it comes to these people, was an open, ostentatious disregard for the judgments, he said.

Read also: How do Poles evaluate the justice system under the PiS government? Poll

– Judgments of both international tribunals, i.e. the Court of Justice of the European Union, and later also judgments of the European Court of Human Rights. But we are also talking here about judgments and resolutions of the combined chambers of the Supreme Court. About the judgments of the Supreme Court, about the seven resolution of the Supreme Court – he continued.

– They all confirmed that the Disciplinary Chamber is not a court. He has no right to suspend a judge from his duties, cut his remuneration, or remove him from performing adjudicating functions. Also all those people who participated in such a practical removal of Judge Gonciarek from adjudicating openly and ostentatiously disregarded the judgments of these courts. And this cannot be the case and, as I said, it must be met with an adequate response, he added.

The case of Judge Gąciarek

In January, the Chamber of Professional Responsibility of the Supreme Court overturned the decision of the former Disciplinary Chamber of November 2021 to suspend Piotr Gąciarek, judge of the District Court in Warsaw. This chamber also decided to reduce the judge’s salary by 40 percent. According to the Supreme Court, the ruling was defective and unfounded. The next day, Judge Gąciarek reported to work.

Judge Piotr Gąciarek came to work. “It’s joy mixed with bitterness”TVN24

Gąciarek, despite previously dealing with criminal law, adjudicated after returning to work in the Judgment Enforcement Department. As the National Court Register recalled in its statement, “in February this year, the media reported, among other things, that Judge Gąciarek postponed the execution of a prison sentence against a criminal who robbed and beat his victim; Piotr Gąciarek justified this by the fact that the judgment in this case was issued by Judge , which was established after the recommendation of the current National Council of the Judiciary.

In March, it was reported that the president of the SO decided that Judge Gąciarek should deal with decisions regarding the enforcement of judgments of foreign courts and the enforcement of receivables awarded to the State Treasury in broadly understood civil proceedings.

Main photo source: Tvn24



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