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Małgorzata Gersdorf with a disciplinary charge. The disciplinary commissioner for judges, Piotr Schab, initiated the proceedings

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The disciplinary prosecutor for judges, Piotr Schab, has initiated proceedings against the former first president of the Supreme Court, Małgorzata Gersdorf. He accuses her of “committing a disciplinary offense” and “gross violation of the law”. It is about a case from 2020, when three combined chambers of the Supreme Court issued a resolution regarding judges appointed at the request of the politicized National Council of the Judiciary.

Disciplinary action applies resolution, which was issued on January 23, 2020 by three chambers of the Supreme Court: Criminal, Civil and Labor and Social Security of the Supreme Court. It shows that if the composition of the Supreme Court includes a person appointed as a Supreme Court judge at the request of the new National Council of the Judiciary, the composition of the composition is incorrect. The resolution was issued in connection with the question that the then first president of the Supreme Court, Małgorzata Gersdorf, addressed to three chambers.

Representatives of the government camp took actions aimed at blocking the session of the three chambers of the Supreme Court, at which the resolution was finally issued. First, the Marshal of the Sejm Elizabeth Witek applied to the Constitutional Tribunal for – as she put it – “settlement of the dispute over powers between the Sejm and the Supreme Court”.

President of the Constitutional Tribunal Julia Przyłębska reported that due to the initiation of proceedings by the Tribunal on the motion of the Marshal of the Sejm, the sitting of three chambers of the Supreme Court – by virtue of the act – was suspended. In turn, President Gersdorf wrote in a letter to the President of the Constitutional Tribunal that “there is no conflict of powers between the Sejm and the President and the Supreme Court”. Julia Przyłębska replied to the first president that her letter is pointless, and the suspension of the sittings of the three chambers of the Supreme Court is by law.

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pap_20200123_2JUPiotr Nowak/PAP

Schab files a disciplinary charge against Gersdorf

In a letter dated November 29 this year, the disciplinary prosecutor for judges, Piotr Schab, initiated disciplinary proceedings against Gersdorf.

Schab charged “of committing a disciplinary offense consisting in the fact that (Gersdorf) (…) violated the institution of the obligatory suspension of proceedings before the bodies remaining in a dispute over powers”.

“By denying the legal effect of the application to settle the dispute over powers in the form of suspension of the proceedings, it led to the issuance of resolutions by some Supreme Court judges on January 23, 2020 on the matter covered by this dispute, which clearly and flagrantly violated the provision (concerning disputes over powers – ed.) Article 86(1) of the Act of November 30, 2016 on the organization and procedure before the Constitutional Tribunal, by which she committed an official misconduct”.

Main photo source: Piotr Nowak/PAP



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