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Judge Paweł Juszczyszyn is threatened with three new disciplinary measures. For undermining the legality of the appointment of judges

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Judge Paweł Juszczyszyn from Olsztyn is threatened with three new disciplinary proceedings, wrote the OKO.press portal. It is about undermining the legality of the appointment of judges nominated by the neo-NCJ. The judge himself assessed that this was a continuation of the repression for “presenting legal views inconsistent with the political will of those currently in power.” He added that these views “are based on the constitution.”

Judge Paweł Juszczyszyn from Olsztyn was suspended in 2020 by the unrecognized and liquidated Disciplinary Chamber of the Supreme Court in connection with the disciplinary proceedings against him. At the same time, he was removed from adjudication. It started with the fact that, considering an appeal in a civil case, he found it necessary to decide whether a judge nominated by the new, politicized National Council of the Judiciary was entitled to adjudicate in the first instance. Juszczyszyn issued a decision in which, among other things, he ordered the Chancellery of the Sejm to present lists of support for candidates to the neo-KRS.

READ: Final verdict in the case of Judge Juszczyszyn. The court ordered him back to work

In May last year, the Disciplinary Chamber of the Supreme Court revoked the suspension of the judge from his duties. Later, Juszczyszyn was reinstated to work at the District Court in Olsztyn, but he stayed transferred to the family department (before the suspension he was in the civil department), where he has been adjudicating since July last year.

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Now, as OKO.press wrote on Saturday, Judge Juszczyszyn is facing three new disciplinary proceedings for undermining the legality of the selection of judges from Olsztyn, appointed by the politicized National Council of the Judiciary.

READ: ECtHR: in the case of Judge Juszczyszyn, the European Convention on Human Rights was violated

Judge Paweł Juszczyszyn came to the District Court in Olsztyn1.06| Judge Paweł Juszczyszyn – after the unrecognized Disciplinary Chamber of the Supreme Court overturned the decision to suspend him – announced that he had received an order from the president of the District Court in Olsztyn that he was allowed to work. At the same time, he also received orders to transfer him to another department and send him on overdue leave. TVN24

Explanatory proceedings against Juszczyszyn

At the beginning of December 2022, the deputy disciplinary officer at the District Court in Olsztyn, and at the same time vice-president of the District Court in Olsztyn, Tomasz Koszewski, who was appointed with the participation of the neo-KRS, initiated one, and at the beginning of January 2023, a second explanatory proceeding in the case of Juszczyszyn – writes OKO.press.

Both were initiated in the direction of breaking Article 107, paragraph 1, introduced by the so-called muzzle act to the law on common courts.

Point 2 of this provision says that a judge is subject to disciplinary action “for actions or omissions that may prevent or significantly impede the functioning of a judicial authority”. Point 3 states that a judge is subject to disciplinary action for “actions questioning the existence of a judge’s service relationship, the effectiveness of the appointment of a judge, or the legitimacy of a constitutional body of the Republic of Poland”.

In the explanatory proceedings initiated on December 2 last year, the deputy disciplinary prosecutor decided that Juszczyszyn had questioned the legality of appointing Adam Jaroczyński (who is also the vice-president of the district court) as a judge of the District Court in Olsztyn. As OKO.press wrote, Judge Juszczyszyn found the ruling issued by Jaroczyński to be non-existent.

Jaroczyński and the divorce case

According to the publication, Jaroczyński, as part of his divorce case, issued a security, in which he defined the father’s right to visit his children until the verdict was issued. “However, there was a problem with the execution of this, so the father filed an application to force his wife to respect the rules of visits with children. This application was sent to the district court and assigned to Judge Juszczyszyn”, now adjudicating in the family department, the portal explained.

Judge Juszczyszyn, ruling in the first instance, was supposed to enforce the security issued by Jaroczyński, but – as we read in OKO.press – he decided that this was not a ruling because it was issued by a faulty judge. Juszczyszyn was to rely on the judgments of the ECtHR and the CJEU, which undermined the status of the neo-NCJ and its decisions.

According to OKO.press, after informing the parties about the doubts regarding the legality of the collateral issued by Jaroczyński, the parents themselves established the rules of contact with the children in the settlement, and for this reason Juszczyszyn discontinued the case.

Judge Pawel JuszczyszynTVN24

Czapski and the case of Juszczyszyn’s additional employment

In the explanatory proceedings initiated on January 2 this year, Tomasz Koszewski accused Juszczyszyn of questioning the service relationship and the effectiveness of the appointment of judge Marcin Czapski, as well as that he questioned the effectiveness of Czapski’s appointment as vice-president of the Olsztyn district court.

In September last year, Czapski called on Juszczyszyn to supplement the alleged deficiencies in the application for additional employment. He wanted the judge to sign the application himself and submit it via a special IT system.

In response, Juszczyszyn wrote that he sent the application using a special system and additionally by e-mail, which was the way it had been accepted in court during the epidemic so far. He added that Czapski was not properly appointed as a judge, and only a judge can be the vice-president of the court, which is why he considers his summons ineffective and pointless.

As OKO.press wrote, the additional job that Juszczyszyn took up concerned legal training for office employees. The judge had conducted such classes before and the previous authorities of the court did not cause him any problems in this matter.

Juszczyszyn: the current political power has already lost

Juszczyszyn: the current political power has already lost TVN24

Nawacki and the case of photographs from a restaurant in Sopot

According to OKO.press, judge Juszczyszyn is also threatened with a third disciplinary action related to the fact that in November 2019 a photo from a dinner in a Sopot restaurant appeared in the right-wing media. The photo shows Juszczyszyn, Warsaw judge Igor Tuleya, Krystian Markiewicz, president of the Association of Polish Judges Iustitia, and – sitting at the table with them – the president of Sopot, Jacek Karnowski, and the president of Gdańsk, Aleksandra Dulkiewicz.

According to OKO.press, “at the College of the District Court in Olsztyn – after the PiS changes, it includes the president of the district court and the presidents of the district courts subordinate to him – Maciej Nawacki said that this needs to be clarified.” Maciej Nawacki is the president of the District Court in Olsztyn and a member of the neo-KRS bis, which blocked Juszczyszyn’s return to work. This is him in 2020 publicly tore up the documentin which the judges of the Olsztyn district court criticized him for removing Judge Paweł Juszczyszyn from adjudication and demanded his reinstatement.

Maciej Nawacki breaks through resolutionsTVN 24

As we read in Oko.press, the above-mentioned College of the District Court in Olsztyn adopted a resolution to ask Judge Juszczyszyn for explanations. It was to be done on behalf of the president of the district court by Marta Grabek-Banaś, a judge nominated by the neo-KRS, president of the District Court in Lidzbark Warmiński, nominated by the Ministry of Justice headed by Zbigniew Ziobro.

OKO.press wrote that Juszczyszyn replied that according to the Courts Act, the president of the court may be replaced only by the vice president, and in his absence, by a designated judge. He was to point out that Grabek-Banaś is not a vice-president and is not a judge of the district court, because she was nominated by the neo-KRS, which is not a constitutional body. Therefore, her appointment is not effective, therefore she has no right to demand explanations from him.

According to the findings of OKO.press, the College was to meet for the second time in this case, where a proposal was to be made to notify the local disciplinary officer about Juszczyszyn’s meeting with city mayors. The resolution did not pass, “which does not mean that the case will not go to the ombudsman, because it can be referred there by the president of the district court, Michał Lasota” (deputy disciplinary prosecutor for common court judges), the portal stated.

Juszczyszyn: this is a continuation of repression

Judge Juszczyszyn, asked by OKO.press about dinner with mayors, said that he had nothing to hide. “Iustitia won a grant from Norwegian funds for the ‘Rule of Law – Common Cause’ action. The partner of the action is the Self-Government Movement Yes! For Poland, whose chairman is Karnowski, and Dulkiewicz is on the Movement’s council,” he explained. He added that as part of this action, a meeting with citizens and the screening of the film “Judges under pressure” took place.

The judge said that for him “this case and the ongoing two explanatory proceedings are a continuation of the repression of me for presenting legal views that are inconsistent with the political will of those currently in power, and which are based on the constitution.”

Main photo source: TVN24



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