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Tuesday, November 30, 2021

Statement by nearly 50 judges of the Supreme Court. The spokesman of the Supreme Court, Aleksander Stępkowski, replies

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The Supreme Court will seek an appeal against the decision of the European Court of Human Rights in the case of two judges, Monika Dolińska-Ficek and Artur Ozimek, ordering Poland, inter alia, to pay judges 15,000 euros, judge Aleksander Stępkowski, spokesman of the Supreme Court, said. 48 judges of the Supreme Court responded to this and issued a statement on this matter. They write in it that the actions announced by Stępkowski are not the position of the Supreme Court, but “presents only the views of its authors, who are personally interested – due to their status – as a result of proceedings before the ECtHR, and not a constitutional body such as the Supreme Court”.

European Court of Human Rights Poland ruled on Monday that Poland must take swift action to address the lack of independence of the National Council of the Judiciary.

The Court adjudicated on a complaint lodged by two Polish judges, Monika Dolińska-Ficek and Artur Ozimek. The applicants applied for judicial positions, but were not recommended by the new National Council of the Judiciary, and the decision did not change after being appealed to the Supreme Court. The applicants pointed out that the Extraordinary Control and Public Affairs Chamber of the Supreme Court, which examined their appeal, was not independent and independent, as it was composed of judges recommended by the new NCJ.

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The European Court of Human Rights will issue a judgment on the Extraordinary Audit Chamber of the Supreme Court and the National Council of the JudiciaryTVN24

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Judgment of the European Court of Human Rights, statement of the Supreme Court judges

As a result, the European Court of Human Rights ruled that in this case, inter alia, the treaty right to a fair trial was violated, and therefore Poland is to pay judges 15,000 euros each.

The Supreme Court spokesman, Judge Aleksander Stępkowski, announced that the Supreme Court would seek an appeal against the judgment of the ECtHR. – The first consequence of this ruling will be the efforts of the Supreme Court for Poland to submit an application for reconsideration of the case before the Grand Chamber of the ECtHR – he pointed out. He also pointed out that this judgment was not final and not yet subject to execution.

Supreme CourtTVN24

In a statement issued on Wednesday by 48 judges of the Supreme Court – including the presidents of the Michał Laskowski Criminal Chamber and Piotr Prusinowski’s Chamber of Labor – it was written, inter alia, that “the position of the current leadership of the Supreme Court presented by its spokesman Aleksander Stępkowski, which shows that the Supreme Court will seek it for the Polish government to submit an application for re-examination by the Grand Chamber of the case (…) concluded by the judgment of the ECtHR of November 8, is not the position of the Supreme Court. “

“Judge Małgorzata Manowska was appointed to direct the Supreme Court and represent it externally, but the relevant authorities, including in the first place the General Assembly of Judges of the Supreme Court, (…) the power to adopt resolutions on other important matters concerning the Supreme Court, “the judges wrote in the statement.

Statement by 48 judges of the Supreme Court

As they assessed, the position presented by Judge Stępkowski “presents only the views of its authors, who are personally interested – due to their status – in the result of proceedings before the ECtHR, and not a constitutional body such as the Supreme Court”.

Answer of the spokesman of the Supreme Court

Presenting the government with recommendations as to the content of the position taken before the European Court of Human Rights falls within the competence of the First President of the Supreme Court – commented the spokesman of the Supreme Court, Aleksander Stępkowski in the press release.

The spokesman’s announcement was included in response to the earlier statement of the Supreme Court judges, in which – in the opinion of Judge Stępkowski – these judges “de facto refuse the First President of the Supreme Court to undertake external activities aimed at the Republic of Poland requesting the re-examination of the Dolińska-Ficek case, Ozimek, v. Poland before the Grand Chamber of the ECHR “.

In response, Judge Stępkowski stated that “presenting to the Government of the Republic of Poland recommendations as to the content of the position taken before the ECtHR falls within the competence of the 1st President of the Supreme Court under Article 14 (1) of the Act on the Supreme Court”. “The General Assembly of Judges of the Supreme Court (…) does not have any powers to represent the Supreme Court outside, and may not in any way limit the powers of the First President of the Supreme Court in this respect,” he added.

Supreme Court spokesman, judge Aleksander StępkowskiFORUM

“It is not true that the competence to take a position in important matters concerning the Supreme Court is the exclusive competence of the Assembly of Judges of the Supreme Court, as it was formulated in the position of a group of judges of the Supreme Court. take a position on important matters relating to the Supreme Court “- emphasized the spokesman of the Supreme Court.

Judge Stępkowski added that “the judges of the Supreme Court should not mislead the public as to the wording of the applicable provisions of law.”

Main photo source: TVN24



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