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Judge Waldemar Żurek is to return to the former department at the District Court in Krakow. The security was issued by the court in Katowice

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The District Court in Katowice ruled that Judge Waldemar Żurek is to be reinstated to adjudicate in the home division of the Kraków district court, OKO.press reported. The decision was made under the so-called security pending judgment. This is a case of bullying and discrimination. Judge Żurek brought it after he was transferred to a lower division by the then president of the District Court in Krakow, Dagmara Pawełczyk-Woicka, currently the head of the new KRS.

The ruling in the case of Judge Waldemar Żurek from the District Court in Kraków was issued on March 3, 2023 in the District Court in Katowice. They were issued by judge Katarzyna Sznajder-Peroń. The OKO.press portal reported on the case on Monday.

As part of the so-called protection against the announcement of a final judgment, the judge ordered Żurek to be reinstated to the home department in the Krakow court, i.e. to the 2nd civil appeals department, where appeals against judgments issued in district courts are heard.

In 2018, Judge Żurek was transferred to the 1st civil divisionfunctioning as a court of first instance, by a court appointed by the Minister of Justice Zbigniew Ziobro Dagmara Pawełczyk-Woicka, the then president of the SO in Kraków, is currently the head of the new National Council of the Judiciary. Part of the judiciary community, as well as the judge himself, he considered it a harassment.

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Immediate security

This decision is not final but enforceable immediately. Refusal to comply with it is associated with the possibility of criminal liability. The sentence must be carried out – reported OKO.press – “the new president of the District Court in Krakow, Bartłomiej Migdathe nomination of the Ministry of Minister Ziobro”.

The judgment in the first instance in this case is to be issued by the Katowice court on April 15, 2023. The case concerns Żurek suing his court for mobbing and discrimination at work. The judge also demands the reinstatement of adjudication in the old division.

Judge Żurek: This is a very important decision

Judge Waldemar Żurek commented on the verdict in an interview with OKO. press. “This is a very important decision. Not only for me, but also for others harassed by the change of the judges’ department. This ruling also proves that Polish courts respect the judgments of European courts. I do not yet have the justification for the security. a favorable judgment of the CJEU of October 2021” – he said.

In his opinion, “this ruling of the court in Katowice is a small step.” – But it shows that the fight and consistency make sense. Even if you pay a huge price for it. The mills of justice grind slowly, but they grind. I will consistently strive to restore the rule of law. And no chicanery will turn me back from this path.”

A comment was also made by the judge’s lawyer, Marek Stańko, who submitted an application on behalf of Żurek for the issuance of security in the case. “The transfer of a judge from the 2nd civil division to the 1st civil division was harassment. This is evidenced by the circumstances of the transfer, as noted in the judgments concerning Judge Żurek of the CJEU and the ECtHR. The tribunals decided that his transfer was not to improve the work of the court, but was just harassment” – said the patron of OKO.press.

According to him, “an additional circumstance is that after the transfer of the judge from the 2nd appellate division, new judges were co-opted there”. “In addition, the judge could then appeal against this decision of the president of the court. And until his appeal was heard, he did not have to take action in the new department. the fact that Judge Żurek did not take any action in the new department – because he was waiting for the appeal to be heard – he was disciplined” – continued Stańko.

Main photo source: TVN24

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