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Supreme Court. Supreme Court judges appointed by the new NCJ want them to be excluded from adjudication. Jacek Widła’s application is accepted

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A Supreme Court judge, nominated by the new National Council of the Judiciary, filed a motion to exclude him from adjudicating in one of the cases. He motivated him with the fact that the judgment issued by a panel with the participation of a judge appointed by the present National Council of the Judiciary may violate Art. 6 of the European Convention on Human Rights. In his opinion, this causes “a serious risk of treating the judgment as rendered in the conditions of nullity of the proceedings”. The request has been accepted. “Gazeta Wyborcza” announced that the judge is Jacek Widło from the Civil Chamber of the Supreme Court. She added that he was not the first judge appointed by the politicized NCJ to submit this type of motion.

The Supreme Court announced in a statement on Monday that by a decision of November 25, 2021 it excluded a judge of the Supreme Court from adjudicating in one of the cases considered in the Civil Chamber of the Supreme Court.

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The judge appointed by the new NCJ wants to be excluded from adjudication

“Notification on the basis of the exclusion from adjudication in this matter with reference to the properly applied Articles 48 and 49 of the Code of Civil Procedure [dotyczące wyłączenia sędziego – przyp. red.] was submitted by a Supreme Court judge appointed to perform the office at the request of the National Council of the Judiciary established in the manner specified in the provisions of the Act of December 8, 2017 amending the Act on the National Council of the Judiciary and certain other acts “- submitted.

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As reported, the judge justified them with “content the judgment of the European Court of Human Rights in Strasbourg of November 8, 2021. issued in the case of Dolińska-Ficek and Ozimek v. Poland “.

The ECtHR then decided that the Extraordinary Control Chamber of the Court is not an independent and independent court, because the system of appointing judges is inadequate. The judgment may be important in the discussion on the legality of the appointment of all judges on the recommendation of the new National Council of the Judiciary, because the Supreme Court’s Extraordinary Control Chamber is staffed only with judges nominated by the new and, according to many, politicized by the way its members are elected, the National Council of the Judiciary.

READ ALSO: National Council of the Judiciary removed from the European Network of Councils for the Judiciary >>>

The judge “pointed out that a judgment issued by a court composed of a judge appointed to hold office at the request of the National Council of the Judiciary, shaped by the provisions of the aforementioned Act, may violate the standard specified in Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which results in – in his opinion – a serious risk of treating the judgment as issued under the conditions of nullity of the proceedings and the emergence of claims for damages “.

“The judge also referred to the interests of the judiciary, the interests of the parties and their right to a fair trial, and the good of the state,” added the Supreme Court’s communiqué.

1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Proceedings before the court are open, but the press and the public may be excluded from all or part of a court hearing for moral reasons, due to public order or state security in a democratic society, when it is required by the interests of minors or when it serves to protect the private life of the parties, or in special circumstances, within the limits considered by the court to be absolutely necessary, when openness could be detrimental to the interests of the administration of justice. 2. Everyone charged with a criminal offense shall be presumed innocent until proved guilty according to law. 3. Everyone charged with a criminal offense has the following minimum rights: (a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; b) having adequate time and capacity to prepare for the defense; c) defend himself in person or through a defense lawyer appointed by him, and if he has insufficient funds to cover the costs of defense – to use free assistance of an ex officio-appointed defense lawyer, if it is required by the good of justice; d) hearing or causing the hearing of the prosecution witnesses and requiring the presence and hearing of defense witnesses under the same conditions as for the prosecution witnesses; (e) to have the free assistance of an interpreter if he or she does not understand or speak the language used in court.

“GW”: more applications for exemption from adjudication after the nomination of the new NCJ

According to “Gazeta Wyborcza” on Tuesday, the judge who applied for exemption from adjudication is Jacek Widło, sitting in the Civil Chamber of the Supreme Court. He is a habilitated doctor of legal sciences and a professor at the John Paul II Catholic University of Lublin. In 2018, President Andrzej Duda appointed him to the Supreme Court after the nomination of the new National Council of the Judiciary. The judge was transferred to the Extraordinary Control Chamber of the Supreme Court, which was established at that time. In March this year, he was transferred to the Civil Chamber of the Supreme Court by the decision of the first president of the Supreme Court, Małgorzata Manowska.

“Wyborcza” adds that he was not the only judge who submitted such a motion. “The judge indicated similar reasons [Grzegorz – red.] Żmij in the Extraordinary Control and Public Affairs Chamber, but none of his conclusions were taken into account, the press office of the Supreme Court informed, quoted by the daily.

“GW” recalled that judge Żmij was also nominated by the current National Council of the Judiciary and appointed by the president in 2018 to the Extraordinary Control Chamber of the Supreme Court. He holds a postdoctoral degree in law and works as a professor at the University of Silesia.

The daily wrote that the information provided to him by the Supreme Court showed that the judge “also applied for an exemption, referring to the judgment of the ECtHR”. “However, the applications were not accepted by the panels of judges from the Extraordinary Control Chamber, which was directly affected by the judgment of the Tribunal in Strasbourg,” we read.

Tvn24.pl sent questions to the press office of the Supreme Court regarding motions for adjudication only submitted by Supreme Court judges.

Main photo source: TVN24



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