Both Prime Minister Mateusz Morawiecki and the first president of the Constitutional Tribunal, Julia Przyłębska, could have had a direct impact on the election of the acting president of one of the new chambers of the Supreme Court. Correspondence on this topic appeared on Wednesday on the website publishing e-mails that are to come from the mailbox of Michał Dworczyk, the head of the prime minister’s office.
With the reform of the judiciary by Law and Justice in 2017 (the provisions entered into force in 2018), two new chambers were established in the Supreme Court: the Disciplinary Chamber and the Extraordinary Control and Public Affairs Chamber. The correspondence concerns the latter. It is an extremely important chamber – incl. hears extraordinary complaints and rules on the validity of elections.
“He took it poorly at first”
In October 2018, the president appointed over a dozen new judges, and on October 29 – acting president of IKNiSP SN Dariusz Czajkowski. The correspondence published on Wednesday probably refers to the filling of this position – it refers to the “head of the new chamber”.
On October 10, that is, on the day of appointing new judges, Michał Dworczyk – if the e-mails are true – was to report to Prime Minister Morawicki on his meeting with the presidential minister, the deputy head of his office, Paweł Mucha on “the situation regarding L. Boska”. It’s about dr. hab. Leszek Boska, who today sits in the Extraordinary Control and Public Affairs Chamber of the Supreme Court. It can be concluded from the correspondence that his candidacy was not supported by the prime minister, which, however, was supposed to displease the presidential minister. Dworczyk described Paweł Mucha’s reaction: “At first he took it poorly, but after reassuring him that no one wanted to use it politically, he calmed down a bit.”
Leszek Bosek is the former president of the General Prosecutor’s Office (2016-2018) – regarding his dismissal from this position on the website where the alleged e-mails of Michał Dworczyk are published, also on Wednesday there was a correspondence that was to be conducted by Mateusz Morawiecki, Dworczyk and probably Julia Przyłębska (as indicated, among others, by the alias of the e-mail address japrzybylska @). Bosek wrote his doctoral dissertation under the supervision of Marek Safjan, which he defended in 2006.
Talks between law firms and with “president Julia”
In the allegedly published correspondence of Michał Dworczyk and Mateusz Morawiecki, the head of the Chancellery of the Prime Minister informs that the president asks for the preparation of a list of people who are critically assessed by the prime minister and “does not see the possibility of countersigning to the position of head of the new chamber of the Supreme Court”. According to the correspondence, the president would choose a person for this position only from among the candidates who were not negatively assessed by the prime minister.
Countersignature in the case of appointing the acting president of the Supreme Court chamber was necessary, because the constitution (Article 144) does not provide for appointment to such a position as part of the president’s prerogatives – it only mentions the first president and presidents of the Supreme Court. Such a possibility is given to him by the Law on the Supreme Court by PiS – but he cannot do it without the consent of the prime minister.
If the position of the First President of the Supreme Court or the President of the Supreme Court is vacated after the entry into force of this Act, the President of the Republic of Poland shall entrust the Supreme Court or a chamber to a designated judge of the Supreme Court until the appointment of the First President of the Supreme Court or the President of the Supreme Court.
The arrangements regarding the selection of specific candidates for the position of the acting president of the Supreme Court chamber were to be – according to the published correspondence – a solution that “will give both of you the opportunity to influence the appointment of this position”. “Both of you”, that is to the prime minister and the president.
In the correspondence, which was published on the website with the hashtag #intrygipolityczne, we also read about “president Julia”, who was supposed to be informed by Michał Dworczyk about the conversation with the presidential minister Paweł Mucha. She describes her contact with the president of the Constitutional Tribunal, Julia Przyłębska, to the prime minister: “I summarized this conversation. She responded positively and asked you to call her – she would like to talk to you about it.”
Leaks in the correspondence of members of the government
Since June, e-mails, which are to be official correspondence of members of the government, conducted via private e-mail boxes, have been published on instant messaging and specially created websites. To this day, no one has questioned their credibility. In July, during a press conference, Michał Dworczyk stated that the government would not “refer to single materials, because this is one of the attacker’s goals: to introduce discussion word against word; to translate what is true, what is manipulated, which is completely false.”
On Wednesday, we asked the Chancellery of the Prime Minister, the Chancellery of the President and the Constitutional Tribunal about the correspondence regarding the appointment at the Supreme Court. We want to find out, among other things, whether the correspondence is true, whether and what conversations took place, and whether Prime Minister Morawiecki and President Przyłębska had a direct impact on the election of the acting president of IKNiSP SN. We are waiting for answer.
Main photo source: Bartłomiej Zborowski / PAP