The Disciplinary Chamber of the Supreme Court was partially frozen by the first president of the Supreme Court, Małgorzata Manowska. Earlier, Manowska issued a decision allowing this chamber to adjudicate. The change of the first opinion was criticized by the Minister of Justice, Zbigniew Ziobro. – We are dealing with conflicting signals and decisions. It gives the impression of chaos and mess – commented on TVN24 on Saturday judge Michał Laskowski, president of the Criminal Chamber of the Supreme Court.
In mid-July Court of Justice of the European Union ruled that the system of disciplinary liability of judges in Poland is inconsistent with EU law. The day before, the CJEU obliged Poland to “immediately suspend” the provisions on the powers of the unrecognized Disciplinary Chamber of the Supreme Court. Two were published on the website of the Supreme Court on Thursday orders of Małgorzata Manowskain which the first president of the Supreme Court partially froze the work of the Disciplinary Chamber in question. This decision marks the change of the position of the first president of the Supreme Court. Initially, Manowska suspended the implementation of interim measures ordered by the CJEU, which meant that the judges of the Disciplinary Chamber – contrary to the position of the European tribunal – adjudicated in disciplinary cases.
The minister of justice criticized her for the change of position on Friday Zbigniew Ziobrowho believes that the CJEU judgments in the case of the Disciplinary Chamber should not be implemented.
On Saturday, the guest of “Fakty po Faktach” on TVN24 was Judge Michał Laskowski, president of the Criminal Chamber of the Supreme Court.
“From a legal point of view, the situation is relatively simple”
According to judge Laskowski “from the legal point of view, the situation is relatively simple”. – The Disciplinary Chamber should cease its activities immediately after the ruling (CJEU) of 14 July and the judgment of 15 July. However, we are dealing with contradictory signals and decisions – he pointed out.
– President Manowska decided – and that’s good – to freeze or stop the work of the Disciplinary Chamber. Incomplete, but good that too. (…). We listen to the statements of Minister Ziobra and Mr. Kaczyński, because this seems to be the basic source of knowledge about the future and law, and at the moment they are different, contradictory messages – said Laskowski
This, he added, “gives the impression of a mess and chaos and should not be so.” – President Manowska initially issued a different ordinance. Fortunately, she changed her mind. And what will be the decisions of Mr. Kaczyński, the government camp, Mr. Ziobra? We do not know that – said the judge.
He stressed that “we cannot rule out the nuclear, concrete variant. Perhaps this is some new path for Poland outside the European Union”.
Is freezing the work of the Disciplinary Chamber enough? “We will see”
When asked if Manowska’s decision to partially freeze the work of the Disciplinary Chamber, Laskowski replied: – It will turn out. (…) The deadline is August 16 (by then Poland must respond to the European Commission regarding the implementation of the CJEU judgment – ed.). I hope that by then we will formulate a reasonable answer – said the judge.
Main photo source: Shutterstock