The first president of the Supreme Court, Małgorzata Manowska, issued two orders in connection with the Disciplinary Chamber challenged as an independent judicial body. In them, she partially froze the work of the Chamber. This applies to matters that will affect it. With cases pending, Manowska will consider asking the judges assigned to these cases to consider refraining from adjudicating. Earlier in this case, Manowska sent letters to the most important people in the state.
Court of Justice of the European Union On July 15, it decided that the system of disciplinary liability of judges in Poland is inconsistent with European Union law. On July 14, the vice-president of the CJEU, Rosario Silva de Lapuerta, decided to apply interim measures to Poland in another case in the form of “immediate suspension” of the application of national provisions relating to the powers of the Disciplinary Chamber not recognized by the Supreme Court.
The first president of the Supreme Court, Małgorzata Manowska, in connection with the decision issued by the CJEU on 15 July, sent to the president, marshals of the Sejm and Senate, and the prime minister of the list on the system of disciplinary liability.
Order of the first president of the Supreme Court on the Disciplinary Chamber
Two orders were published on the website of the Supreme Court on Thursday Małgorzata Manowska.
The first president issued two regulations. The first concerns cases of disciplinary liability of judges, the second concerns the remaining cases settled by the Disciplinary Chamber.
According to the provisions of the first ordinance, cases concerning disciplinary liability that come to the Supreme Court (during the term of the ruling) are transferred, after registration, to the secretariat of Małgorzata Manowska, as the first president of the Supreme Court.
“The President of the Supreme Court, who directs the work of the Disciplinary Chamber, will consider (…) keeping them in the Secretariat of the Chamber under his management without assigning them to judges or without appointing other members of the adjudication panel” – wrote Manowska.
As for cases that have already reached the Chamber, it was explained that Manowska “will consider asking the judges to whom these cases were assigned, or the members of the bench, to consider deciding not to hear the cases as part of their independence ( ..) “. Thus, the decision on the pending cases remains a recommendation to the judges, and not an order from the first president.
The second order referred to the case of the Court’s judgment of 15 July, in which the Chamber was obliged to refrain from adjudicating. In this case, Manowska made a similar decision that the remaining files of the Chamber’s affairs would go to its secretariat. Referring to cases that had already been received, the first president of the Supreme Court also ordered that he would ask the judges to “consider making a decision to refrain from hearing the cases (…)”.
The ordinances are valid until November 15, 2021.
Interview with the First President of the Supreme Court for tvn24.pl: Małgorzata Manowska: The EU has different standards for different countries, and completely specific for Poland
Małgorzata ManowskaLUKASZ SZELAG / EAST NEWS
July 24 in an interview with TVN24 reporter Karolina Wasilewska, president Małgorzata Manowska, Speaking of her potential resignation, she said: “I may have to leave when there is nothing I can do to sort things out. If there is no sort of smoothing out, I don’t know, I can’t imagine it.”
See also an excerpt from Manowska’s interview on the judiciary and possible dismissal:
Manowska: if there was a situation that made it impossible to work out a good solution, I am ready to leave (excerpt from an interview for “Rzeczpospolita”)TVN24
Main photo source: LUKASZ SZELAG / EAST NEWS