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Piotr Schab and Przemysław Radzik – the National Prosecutor’s Office initiated an investigation into their case. The point is to block Igor Tuleya from returning to work

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The National Prosecutor’s Office has initiated the first investigation into the case of judges Piotr Schab and Przemysław Radzik, OKO.press reported. This concerns the period from November 2020 to July 2021, when, as the head of the District Court in Warsaw, they “blocked the return to work of judge Igor Tuleya.” “We still have a long way to go. For now, the investigation is in the case, not against them. But the most important thing is that something has started,” commented Judge Tuleya for OKO.press.

OKO.press reported that on February 21, 2024, the internal affairs department of the National Prosecutor’s Office initiated an investigation into the case of judges of the disciplinary spokesman for judges of common courts, Piotr Schab and his deputy Przemysław Radzik, who once ruled in the District Court in Warsaw.

The proceedings concern the abuse of powers by the president and vice-president of the capital court by – as we read on the website – “refusal to allow Judge Igor Tuleya to adjudicate.” This is the first investigation into their case.

The investigation was initiated as a result of one of the notifications submitted by prof. Michał Romanowski, attorney of Judge Tuleya.

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READ ALSO: Judge Szymański is the third disciplinary spokesman

Suspension of Igor Tuleya and court decisions in this case

The investigation covers the period from November 2020 to July 2021. In November 2020, at the request of the prosecutor’s office, the then Disciplinary Chamber of the Supreme Court, not recognized as a court within the meaning of the law, validly revoked the judge’s immunity. He was also suspended from adjudicating.

EYE. press recalled that during this period the judge demanded to be allowed to adjudicate on the basis of resolutions of three combined Chambers of the Supreme Court of January 2020, which stated that the Disciplinary Chamber is not a court within the meaning of European Union law, but also within the meaning of Polish regulations. He also referred to case law Court of Justice of the European Union (CJEU), which ruled in July 2021 that this Chamber was not a legitimate court. “During this period, the president of the District Court in Warsaw was Piotr Schab, and his deputy Przemysław Radzik. They blocked the return to work of judge Igor Tuleya,” the portal reported.

SEE ALSO: The CJEU issued a judgment in the case of judge Igor Tuleya

Why did the prosecutor’s office submit an application regarding the judge to the unrecognized Chamber of the Supreme Court? According to investigators, Tuleya exceeded his powers. According to investigators, this allegedly happened in relation to the investigation into the proceedings of the Sejm in the Column Hall on December 16, 2016, which was discontinued twice by the prosecutor’s office. In December 2017, the Warsaw district court, chaired by Tuleya, overturned the prosecutor’s decision to discontinue the investigation for the first time. The judge then allowed the media to record the oral justification of the court’s decision. According to the prosecutor’s office, this jeopardized the proper course of further investigation.

In March 2022, the Warsaw-Praga District Court issued a final judgment to reinstate judge TuleyI. Despite this decision, he was still not allowed to adjudicate.

>> The court reinstated Igor Tuleya to adjudicate, the vice president of his court did not allow him to work <<

In November 2022, the Chamber of Professional Responsibility of the Supreme Court, which raised doubts among lawyers as to the independence, overturned the decision to suspend the judge from his duties.

READ ALSO: “I am happy as Igor Tuleya. However, my position as a judge has not changed.”

Judges Piotr Schab and Przemysław RadzikPaweł Supernak/PAP

Tuleya: justice will catch up with everyone

Judge Tuleya commented on the initiation of the investigation in an OKO.press interview. “I can quote Minister Ziobro that there are no sacred cows. Justice may not be quick, but it will catch up with everyone. Everyone must be responsible for their actions,” he said.

“Am I happy? I approach it coolly and with distance. We still have a long way to go. For now, the investigation is in the case, not against them. But the most important thing is that something has started. With my attorney, Prof. Romanowski, we will be consistent and use all avenues, so that those responsible for breaking the law are held accountable,” he added.

Romanowski said that “it is worth being stubborn, it is worth being decent.” “Tuleya’s case was thrown around Warsaw courts like a hot potato. However, we finally found a real judge in Warsaw who was not afraid and ordered him to be reinstated. And a second brave judge found himself in Białystok and ordered an investigation into Schab and Radzik.” – added.

“We are determined that Schab and Radzik will be held criminally responsible for destroying the rule of law and the judges who upheld it. This initiation of the investigation by the National Prosecutor’s Office shows that our persistence made sense. It is not a matter of revenge, but of justice and that such people never again appeared in the Polish dimension of truth in the future. The law sometimes sleeps, but it never dies,” said the attorney.

Who is judge Piotr Schab?

Judge Piotr Schab has been the disciplinary spokesman for judges of common courts since June 2018. As the judiciary has repeatedly warned, together with his deputies Przemysław Radzik and Michał Lasota, he used repression against judges defending the rule of law and opposing changes introduced in the justice system by Law and Justice.

In May 2020, he became a judge of the Court of Appeal in Warsaw, where he previously ruled on the basis of delegation. He will become president of SA in 2022.

As a disciplinary spokesman, among others, initiated one of the disciplinary proceedings against judge Paweł Juszczyszyn. The cases were related to Juszczyszyn’s fight to return to adjudicating in the civil division of the District Court in Olsztyn and the accusation of questioning the status of other judges nominated by the neo-KRS.

The OKO.press portal also described how Schab, together with his deputies – Lasota and Radzik, prosecuted three judges from Bydgoszcz for a ruling in which they legally forced the president of the Olsztyn court, Maciej Nawacki, to enforce the ruling in the case of judge Paweł Juszczyszyn.

Late February Ministry of Justice announced the dismissal of Schab from the position of president of the Court of Appeal in Warsaw.

READ MORE: Judge Schab dismissed. Ministry announcement

However, when informing about the initiation of the appeal procedure in mid-January, the Ministry of Justice argued that “Judge Piotr Schab has repeatedly abused his power – both while performing administrative functions in the justice system and as a disciplinary spokesman.” Therefore, the Ministry emphasized, the Minister of Justice concluded that “his continued performance of both of these functions directly threatens the good of the justice system, both as a generator of a chilling effect on judges and in view of the real possibility of applying so-called soft measures of administrative repression against them.”

Who is Przemysław Radzik?

Judge Przemysław Radzik was a prosecutor at the District Prosecutor’s Office in Zielona Góra in 1999-2005. In 2005, he became a judge of the District Court in Krosno Odrzańskie. He ruled there until 2018.

In 2018, the then Minister of Justice Zbigniew Ziobro appointed him as deputy disciplinary spokesman for judges of common courts. Since January 2019, Radzik has been ruling in the District Court in Warsaw on the basis of delegation for an indefinite period. At the end of 2020, he became the vice president of this court for criminal cases. Later he went to the Court of Appeal in Warsaw, and from July 2022 he was its vice-president. Later he became vice-president of the Court of Appeal in Poznań.

At the beginning of January, he was dismissed from this position by the Minister of Justice Adam Bodnar. Along with the dismissal of Judge Radzik, his delegation to the Poznań court was withdrawn. This means that he formally returned to adjudicating at the Court of Appeal in Warsaw.

Parts of the judicial community and the new ruling camp emphasized that Radzik, as a disciplinary spokesman, prosecuted judges who were inconvenient to the PiS government.

In the motion to dismiss him from his position in the Court of Appeal, it was written that “Bodnar’s motion was justified by the fact that his performance as vice-president of the Court of Appeal in Poznań cannot be reconciled with the good of the justice system.” A number of his actions were described as “abuse of power.”

Main photo source: Paweł Supernak/PAP



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