Pawel Juszczyszyn. More disciplinary cases against the judge. OKO.press about possible reasons

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Judge Paweł Juszczyszyn, suspended by the unrecognized and liquidated Disciplinary Chamber of the Supreme Court, received two more letters on Tuesday informing about the opening of the fifth and sixth disciplinary case against him, reports OKO.press. The portal estimates that the “massive hit” on the referee “is not accidental” and lists several reasons why these requests can be made right now.

According to the OKO.press portal, “in recent days, actions against the judge have intensified in a spectacular way.” “On the latest two disciplinary cases, the judge Pawel Juszczyszyn was informed on Tuesday, January 24, 2023. (…) Reading them shows that the judge is prosecuted for anything, picking on the so-called words. Both cases also look far-fetched just to hit the judge.”

OKO.press reported that the cases against Juszczyszyn were initiated by a “neo-judge”, the deputy disciplinary prosecutor at the District Court in Olsztyn, Tomasz Koszewski, who is also the deputy president of the District Court in Olsztyn, Maciej Nawacki.

Pawel Juszczyszyn PAP/Tomasz Waszczuk

In the first letter, the judge was informed that on 19 January this year, two acts had been investigated against him. One of them was sending e-mails to judges in Olsztyn, in which Juszczyszyn wrote about the president of the District Court in Olsztyn, Michał Lasota, that “he is the acting president of the court and that he is a neo-judge”. In the second case, it is an e-mail to the judges of Elbląg, in which Juszczyszyn assessed that “the Minister of Justice in the light of the judgment CJEU of November 2021, gives judges faulty delegations to adjudicate in higher courts.

The reason for the next proceedings is supposed to be his stay at a scientific conference in Oslo. “The disciplinary spokesperson alleges that staying at the conference is an unjustified failure to perform work and unjustified failure to appear in court” – describes OKO.press.

OKO.press about possible reasons for disciplinary proceedings

According to the portal, the hit on the Olsztyn judge “is not accidental”. The author recalls that Paweł Juszczyszyn was the first judge suspended for applying European Union law. “Striking him for applying EU law will reverberate not only in Poland, but also in Europe” – he concludes.

This may, the portal emphasizes, harm the compromise between the government Mateusz Morawiecki and the European Commission on the funds from the National Recovery Plan. “In exchange for the unblocking of funds, the government wants to change the law on the courts to, among others, transfer the disciplinary measures against judges to the Supreme Administrative Court, which is contrary to the Constitution. The government also wants to soften the muzzle law a bit. Meanwhile, the disciplinary ombudsman is now intensifying the repression against Judge Juszczyszyn” – we read.

Maciej Nawacki, PresidentTVN24

“Koszewski’s actions are proof for the European Commission of how Minister Ziobro’s people will implement a compromise with Brussels in the courts. That is, there will be no withdrawal from the strict course towards independent judges. After all, Minister Ziobro does not want a compromise with the EU,” writes OKO.press .

The portal indicated that another reason for repression against the judge may be court cases won with President Maciej Nawacki. “Judge Juszczyszyn not only returned to work in July 2022, but also the court recently ordered Nawacki to withdraw his criminal transfer. (…) In several cases, the courts also ordered the initiation of investigations against Nawacki for blocking the judge’s return to work” – he explains.

The last reason for disciplinary action may be “tormenting and intimidating Juszczyszyn”. “Burning him with a lot of disciplinary cases will take him some time off. In addition to working in court, he will have to answer various letters. And then travel all over Poland for disciplinary trials – if he gets charged,” the author estimates.

Juszczyszyn: I have the impression that it is also related to the efforts to obtain KPO

The portal points out that Juszczyszyn is facing six new disciplinary proceedings, and the previous two have still not been completed. – I’m going straight, brave and I won’t give up. I will still be consistent. I’m not breaking the law. I am convinced that justice will prevail – says the judge in an interview with OKO.press.

Judge Juszczyszyn comments on three new disciplinary proceedings initiated against himTVN24

“I think the boost is to put pressure on me. But not only. I have the impression that this is also related to the efforts to obtain funds from the KPO. Why? To ostentatiously show that judges in Poland are still being prosecuted under various pretexts. And it’s wrong, says the judge. – It may also be about demonstrating that people associated with the Ministry of Justice do not care about declarations made by other authorities in order to obtain funds from the KPO – he adds.

The judge declares that “such actions towards me will not affect in any way how I behave as a judge.” – I will continue to act in accordance with my conscience, legal views and the judge’s oath. It obliges me to uphold the Constitution and comply with the law, including European law, he says in an interview with the portal.

The case of Judge Juszczyszyn

Juszczyszyn was suspended in 2020 by the unrecognized and liquidated Disciplinary Chamber of the Supreme Court in connection with the disciplinary proceedings against him. At the same time, he was removed from adjudication. It started with the fact that, considering an appeal in a civil case, he found it necessary to decide whether a judge nominated by the new, politicized National Council of the Judiciary was entitled to adjudicate in the first instance. Juszczyszyn issued a decision in which, among other things, he ordered the Chancellery of the Sejm to present lists of support for candidates to the neo-KRS.

In May last year, the Disciplinary Chamber overturned the suspension of the judge in his official duties. In June, Juszczyszyn was reinstated at the District Court in Olsztyn, but he was transferred to the family department (before the suspension, he was in the civil department), where he has been adjudicating since July last year.

Main photo source: PAP/Tomasz Waszczuk



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