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Judge Jozef Iwulski. The notification to the prosecutor’s office is submitted by the head of the new National Court Register

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The chairwoman of the new National Council of the Judiciary, Dagmara Pawełczyk-Woicka, notified the prosecutor’s office of the suspicion of committing a crime by the Supreme Court judge Józef Iwulski. Despite the suspension by the Disciplinary Chamber, the judge resumes official activities, the KRS argues.

In July 2021, the then unrecognized Disciplinary Chamber of the Supreme Court – which, according to many experts, lawyers, constitutionalists and judges, was not a court within the meaning of the law – invalidated the judicial immunity of the Supreme Court judge Józef Iwulski, suspended him in his official duties and reduced his salary by 25 percent

The prosecutor’s office of the Institute of National Remembrance demanded that Iwulski’s immunity be waived. Investigators want to charge him with unlawful conviction of a 21-year-old worker during martial law for distributing leaflets against the authorities of the People’s Republic of Poland. The court then found that the man was guilty of publicly ridiculing the Polish People’s Republic, and by distributing leaflets he was calling for riots and strikes.

Judge Jozef IwulskiPAP/Rafał Guz

As the new KRS announced on Friday, the chairman of the council, Dagmara Pawełczyk-Woicka, “submitted a notification to the prosecutor’s office about a reasonable suspicion of committing a crime by the Supreme Court judge Józef Iwulski and by an unspecified person who allowed the judge to act in the judiciary”. “Despite the suspension, the judge resumes his official duties,” the new National Council of the Judiciary announced.

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Judge Prusinowski: The Disciplinary Chamber was not a court

Judge Piotr Prusinowski, president of the Labor and Social Insurance Chamber of the Supreme Court, confirmed that Judge Iwulski adjudicates to the full extent, without any restrictions, just like any other judge of the Labor Chamber of the Supreme Court.

– This case is about the dispute over whether the “Disciplinary Chamber” was a court. Ms. Pawełczyk-Woicka believes that it was a court, and as a consequence the ruling of this Chamber removed Judge Iwulski from adjudicating, said Judge Prusinowski. – I, guided by the jurisprudence of the Supreme Court, believe that the Disciplinary Chamber was not a court, and consequently the so-called judgments issued by it cannot affect the duties of the persons it was supposed to judge – he added.

According to President Prusinowski, the notification to the prosecutor’s office also concerns him. – The only person authorized to admit a judge to adjudicate is the president of the Chamber, in this case me. With full awareness, I allow Judge Iwulski to judge. I assume that the Disciplinary Chamber did not limit his rights and duties as a judge in any way, because it was not a court – the president justified.

The Disciplinary Chamber was liquidated on July 15, 2022. It was then launched by the president Andrzej Duda amendment to the Act on the Supreme Court, according to which the Disciplinary Chamber ceased to exist and was replaced by the Chamber of Professional Responsibility. The new Chamber took over the cases settled and unfinished by the Disciplinary Chamber.

Main photo source: PAP/Rafał Guz

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