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Judge Paweł Juszczyszyn appointed by the Minister of Justice Adam Bodnar as vice-president of the District Court in Olsztyn

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Judge Paweł Juszczyszyn was appointed by Adam Bodnar as vice-president of the District Court in Olsztyn – announced the Ministry of Justice. At the same time, the minister dismissed two vice-presidents of the Court of Appeal in Warsaw.

The Ministry of Justice in a statement recalled that Judge Paweł Juszczyszyn, being a judge delegated to the District Court in Olsztyn in 2019, while ruling in the second instance trial, decided to determine whether the judge adjudicating in the first instance had the right to adjudicate in the case, as he was appointed by the incorrectly formed National Council of the Judiciary. Act of December 8, 2017.

Juszczyszyn was the first judge in Poland to refer to the judgment of the Court of Justice of the European Union of November 19, 2019, which found that the system of disciplinary liability of judges in Poland is contrary to EU law. He also asked the Chancellery of the Sejm to present lists of support for candidates to the new National Council of the Judiciary.

As emphasized in the announcement, Judge Juszczyszyn's actions in attempting to obtain these lists resulted in negative professional consequences – his delegation to the district court was withdrawn. Then, on February 4, 2020, he was validly suspended from his duties by the Disciplinary Chamber of the Supreme Court in connection with the disciplinary proceedings conducted against him. It was also reduced by 40%. his salary.

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The European Court of Human Rights, in its judgment of October 6, 2022, found the above actions to be a violation of Art. 6, 8 and 14 of the European Convention on Human Rights.

Paweł JuszczyszynŁukasz Gągulski/PAP

The minister dismissed the vice-presidents of the Court of Appeal in Warsaw

The press service of the Ministry of Justice also announced that Adam Bodnar dismissed district court judge Edyta Dzielińska and district court judge Agnieszka Stachniak-Rogalska from their positions as vice-presidents of the Court of Appeal in Warsaw.

“The reason for the dismissal of the above-mentioned judges from their official positions was their appointment to serve as Vice-Presidents of the Court of Appeal in Warsaw by the previous Minister of Justice based on the provisions of the amended Act on the System of Common Courts, which excluded the participation of the judicial self-government in the process of appointing court presidents,” it was reported in message. “This led to a situation in which the functions of presidents and vice-presidents of courts were filled by people who did not have sufficient judicial and managerial experience, and who did not enjoy the support and trust of the judicial community,” it was also written in the justification.

As reported by the Ministry of Justice, an additional ground for dismissal from their positions was that judge Edyta Dzielińska and judge Agnieszka Stachniak-Rogalska supported judges running for the National Council of the Judiciary, in a situation “when it was widely known that the new composition of the National Council of the Judiciary was established after the interruption of the constitutional term of office of its members.” earlier, consistent with the Constitution of the National Council of the Judiciary. The reason for the appeal was also the participation of judge Edyta Dzielińska and judge Agnieszka Stachniak-Rogalska in the competition procedure before the National Council of the Judiciary, established by the Act of December 8, 2017, in order to take up the positions of judges of the district court and then judges of the court of appeal.

Main photo source: Łukasz Gągulski/PAP



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