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Friday, December 3, 2021

The case of Juszczyszyn before the court. Nawacki: this trial was a farce, an act

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The judgment on the reinstatement of judge Paweł Juszczyszyn from Olsztyn will be announced in two weeks. On Friday, the District Court in Bydgoszcz, at the Labor and Social Insurance Department, was hearing the case remotely. President of the District Court in Olsztyn, Maciej Nawacki, predicts that the judgment will be “unfavorable for him”. – All my applications were dismissed, it is known what this verdict will be – summed up.

About the course of the hearing before the District Court in Bydgoszcz, Department of Labor and Social Insurance, regarding the reinstatement of judge Paweł Juszczyszyn from Olsztyn, the attorney of judge Juszczyszyn, attorney prof. Michał Romanowski. The plaintiff, together with the attorney, and president Maciej Nawacki representing the defendant District Court in Olsztyn, connected with the Bydgoszcz court via the Internet.

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– This trial was a farce, a law – said the president of the District Court in Olsztyn, Maciej Nawacki, who thus summed up the decisions made by the court at the trial. – All my applications were dismissed, it is known what this verdict will be: unfavorable for me – Nawacki summed up in an interview.

The hearing on the reinstatement of judge Juszczyszyn

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The president of the District Court in Olsztyn said, which was also confirmed by prof. Romanowski that he raised a number of formal and substantive objections. – First of all, that this case should be heard by the Supreme Court, not the common court. Secondly, I stated that it should take place according to the criminal procedure, not the civil procedure – pointed out Maciej Nawacki. He announced that he would submit a complaint against the dismissal of his applications. Prof. Michał Romanowski asked to reinstate judge Paweł Juszczyszyn to work. – The court examining the lawsuit indicated that this is an employment case, not a disciplinary case, and in this case no evidence assessment of the charges against judge Juszczyszyn is carried out from the point of view of disciplinary proceedings – said attorney-at-law prof. Romanowski.

Judge Paweł JuszczyszynTomasz Waszczuk / PAP

The plenipotentiary will emphasize that the Bydgoszcz court found that “the case as a purely employee-related matter obviously falls under the jurisdiction of the labor court” and “dismissed the application as purely unfounded”. Although Nawacki immediately announced that he would file a complaint, the court hearing the case made use of the possibility provided by Art. 222 of the Code of Civil Procedure, in order to pursue the case and issue a judgment despite the lack of validity of this decision. – As a substantive application, I brought the appointment of the disciplinary spokesman of common courts as a witness and to take evidence from the files of disciplinary proceedings against judge Juszczyszyn – said Maciej Nawacki. – I objected, arguing that this is not the subject of this proceeding and that they are irrelevant to the outcome of this case. The court granted this and dismissed all motions. We did not submit any evidentiary motions, because the case boils down to taking a position by the District Court in Bydgoszcz as to whether or not there is this resolution of the Disciplinary Chamber of the Supreme Court, taking into account the entire jurisprudence of Polish courts and the Court of Justice of the European Union – he added proxy.

The court will issue a verdict on the reinstatement of judge Juszczyszyn

On Friday, the Bydgoszcz court closed the hearing and postponed the publication of the judgment until November 5. President Maciej Nawacki in the final speech said that “there is no doubt that there is a problem with the rule of law in Poland, but this problem is not on the side of the National Council of the Judiciary or the president”.

– I am also surprised that at the trial the constitutional organs of the state were insulted, people said “neoKRS”, people said badly about the Constitutional Tribunal, and the court did not react to it. Therefore, I am sure that the verdict in this case will be to my disadvantage – said President Maciej Nawacki.

President of the District Court in Olsztyn, Maciej NawackiTVN24

Earlier, on April 16, the District Court in Bydgoszcz issued an interim order in the case of Judge Juszczyszyn, deciding to reinstate him to adjudication. However, President Maciej Nawacki did not allow him to rule.

Judge Juszczyszyn removed from adjudication

Judge Paweł Juszczyszyn was legally suspended by the Disciplinary Chamber of the Supreme Court on February 4, 2020 in connection with the disciplinary proceedings conducted against him.

The judge was removed from adjudicating because, when examining an appeal in a civil case, he considered it necessary to decide whether the judge nominated by the new National Council of the Judiciary was entitled to adjudicate in the first instance. In the issued decision, he ordered the Chancellery of the Sejm to present, inter alia, a letter of support from candidates for the National Court Register. According to Romanowski, the judge was actually slack earlier than the ruling, and on Friday it was 626 days.

Main photo source: Tomasz Waszczuk / PAP



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