The District Court in Olsztyn issued a judgment in the case that Paweł Juszczyszyn brought against the State Treasury – the Supreme Court. It concerns a resolution of an unrecognized Disciplinary Chamber, which – as Juszczyszyn claims and confirmed by the court – “violates his good name and dignity”.
Judge Paweł Juszczyszyn brought a case for the protection of personal rights against the State Treasury – the Supreme Court. The verdict was issued in absentia. It happened because the response to the statement of claim in this case was received after the deadline set by the court. “The court may issue a judgment by default in closed session, when the defendant did not submit a reply to the statement of claim within the prescribed period. In this case, the claimant’s statements about the facts contained in the statement of claim are deemed true” – judge Agnieszka Żegarska, who was the spokesman of the District Court in Olsztyn, informed in the announcement. .
Paweł Juszczyszyn brought the case to the Supreme Court. The sentence has been passed
Judge Paweł Juszczyszyn was suspended from ruling by the unrecognized Disciplinary Chamber of the Supreme Court in February 2020. Since then, he has not ruled, despite the fact that he has repeatedly asked the president of the mother court to reinstate him, and his salary is reduced by 40 percent. At the beginning of June this year, Juszczyszyn filed a lawsuit with the District Court in Olsztyn, in which he claimed that the resolution of the Disciplinary Chamber posted on the website of the Supreme Court infringes his good name. He also demanded a declaration that the decision to suspend him had not been made by the Supreme Court.
The court in Olsztyn shared the opinion of Juszczyszyn. Judge Żegarska informed that, first of all, the court found that the organizational unit of the State Treasury to which Juszczyszyn’s claim was concerned was the Supreme Court in Warsaw.
“The court found that the resolution (on the suspension of Juszczyszyn – ed.) Was not a ruling of the Supreme Court. The court ordered the defendant to refrain from infringing the good name and dignity of Paweł Juszczyszyn by ordering the defendant to remove the above-mentioned resolution from the Supreme Court’s website and forbade the defendant to submit this resolution to the Supreme Court. to the public in the future, and in particular on the website of the Supreme Court “- said judge Agnieszka Żegarska.
The default judgment in the case of Judge Juszczyszyn is not final.
Maciej Nawacki does not agree with the sentence
Maciej Nawacki, president of the District Court in Olsztyn, in which Juszczyszyn is ruling, told the Polish Press Agency that the ruling would not change his approach to the suspension of Juszczyszyn. – I am not the addressee of this decision, but I completely disagree with it. Disciplinary matters of judges are decided by the disciplinary court, not the civil courts, he said.
Main photo source: Tomasz Waszczuk / PAP