Judge Paweł Juszczyszyn came to the court in Olsztyn on Wednesday, but he cannot come back to adjudication. According to the order of the president of the District Court in Olsztyn, he was admitted to work, but at the same time he received orders to transfer to another department and send him on outstanding leave. – I will question these decisions, these decisions are made in gross violation of the law – said Juszczyszyn to journalists on Wednesday.
Paweł Juszczyszyn appeared before the District Court in Olsztyn on Wednesday just after 8.00 am, however, he cannot return to adjudication due to the orders he received.
– President Maciej Nawacki decided that he would compulsorily send me on vacation and at the same time decided that he would transfer me to the family department from my home I civil department. I will question these decisions, these decisions are made in gross violation of the law, in particular the decision to transfer me from the civil department to the family department – explained Juszczyszyn on Wednesday.
As he emphasized, this decision “neither meets the substantive requirements, nor meets the formal conditions”.
– I have over 20 years of experience in civil matters and the second-longest experience in my civil department, and the law of the system of common courts requires taking into account when transferring a judge to another department that deals with a different field, in particular taking into account the length of service in a given department – the judge said.
Order to transfer to another department
On May 23, the Disciplinary Chamber of the Supreme Court overturned the decision on the suspension of the Olsztyn judge Paweł Juszczyszyn. The judge was suspended in 2020 due to his request for the lists of support to be made available to members of the new National Council of the Judiciary.
– Judge Paweł Juszczyszyn returns to adjudication. We started the technical activities related to the reinstatement of the judge, he informed the day later Maciej Nawackipresident of the District Court in Olsztyn, member of the National Court Register.
However, on May 25, Judge Juszczyszyn spoke to TVN24 about the next decisions made by President Nawacki in his case. – Today I received an order from the president of the District Court in Olsztyn, Maciej Nawacki, that I was allowed to work, for all systems, and the order of February 4, 2020, in which I was removed from adjudication and my cases were taken away from me, is also repealed – he said then.
– At the same time, I received an order in which the president of the court orders my transfer to the family department today. I have been adjudicating in civil cases for over 20 years, I am one of the oldest judges and with the longest experience in my department – he added.
– President Nawacki, when deciding to transfer me to the family department, justified this decision with the fact that the civil department allegedly has a sufficient number of judges. I contacted the chairman of my division and he informed me that, yes, in his earlier reports he had stated that the judging staffing in the first civil division where I was judging was sufficient, but with my time taken into account. In addition, at the moment, one of the judges in my department is leaving for a long term release. Therefore, I believe that the decision to transfer me to the family department has no substantive justification – explained judge Juszczyszyn.
He also added that President Nawacki “made this decision without the opinion of the College of the District Court in Olsztyn”. – In addition, as a rule, transferring a judge to another department requires his consent – he emphasized. And he added: – Exceptionally, the president of the court may transfer a judge to another department, but only if it is a department where the same types of cases are heard, which is not the case in this case, and a possible transfer of the judge without his consent is possible, but only if all the other judges in his department do not consent to a voluntary transfer, transfer to another department. President Nawacki did not even ask for consent from judges from my department. As a result, his decision does not meet the formal requirements and is flawed.
Juszczyszyn said that he may appeal against the decision to transfer to the National Council of the Judiciary. – Unfortunately, I cannot expect a fair examination of my complaint, which I intend to bring, because the National Council of the Judiciary is not an independent body, moreover, President Nawacki is in it. Moreover, the National Council of the Judiciary will not have to justify its decision in this case, he pointed out.
Order to send overdue vacation
– In addition, President Nawacki ordered today that he would send me on overdue leave. From now until July 19 this year. I am entitled to this outstanding leave for the years 2019-2020. Nevertheless, in response to this order, I sent an application to the District Court in Olsztyn to grant me the outstanding leave, but at the turn of June and July this year – informed the judge. As he said, in the application he indicated that he could not use the leave against his will. – After I was suspended by the illegal Disciplinary Chamber, I was deprived of all rights and obligations arising from my position – he explained.
– In addition, I referred to the Supreme Court’s decision, which shows that a judge cannot be removed from his official duties using the provisions of the Labor Code, in particular this provision, which allows an employer to compulsorily send an employee for an overdue vacation leave – Juszczyszyn pointed out.
The case of judge Paweł Juszczyszyn
The conflict began in February 2020, when Judge Juszczyszyn was suspended after considering an appeal in a civil case in November 2019, who found it necessary to decide whether a judge nominated by the newly established National Council of the Judiciary was entitled to adjudicate in the first instance. Therefore, in the issued decision, he ordered the Chancellery of the Sejm to present lists of support for candidates for the National Council of the Judiciary. The decision to suspend the judge was made by the Disciplinary Chamber of the Supreme Court.
District Court in Bydgoszcz, first in December last year ordered the reinstatement of judge Juszczyszyn. However, this did not happen, as we wrote about on tvn24.pl. In April, the District Court in Bydgoszcz imposed on Maciej Nawacki, president of the District Court in Olsztyn and member of the neo-KRS, a fine of PLN 15,000 for not allowing judge Juszczyszyn to adjudicate.
Main photo source: TVN24