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The president and vice-president of the Court of Appeal in Poznań dismissed following the request of Adam Bonar. Decision on Przemysław Radzik’s case today

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The Board of the Court of Appeal in Poznań issued a positive opinion on the request of the head of the Ministry of Justice, Adam Bodnar, regarding the dismissal of the president of this court, Mateusz Bartoszek, and vice-president Sylwia Dembska, informed Przemysław Grajzer, acting as president of the court. The decision regarding the second vice president, Przemysław Radzik, is to be made on Tuesday afternoon.

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The budget and the Pegasus case are on the agenda.

Ministry of Justice reported that on Monday the Minister of Justice Adam Bodnar submitted a request to the board of the Court of Appeal in Poznań to express an opinion on the case dismissal from their positions of the president of this court, judge SA Mateusz Bartoszek, and judges Przemysław Radzik and Sylwia Dembska – acting as vice-presidents of SA in Poznań. The head of the Ministry of Justice also suspended each of the mentioned judges “in their duties”.

In connection with the initiation of the case regarding the dismissal of the president and vice-presidents of the court, the minister appointed Judge Przemysław Grajzer to act as the president of the Court of Appeal in Poznań as the oldest serving judge serving as the president of the division in the court of appeal.

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The College welcomed the dismissal of judges Bartoszek and Dembska

On Tuesday, Judge Grajzer, in an interview with PAP, “Gazeta Wyborcza” and Radio Poznań, announced that the college had issued a positive opinion on the applications regarding President Bartoszek and Vice-President Dembska.

As he noted, immediately after receiving information and documents from the Ministry of Justice, on Monday at 17.15, convened the board of the Court of Appeal in Poznań, consisting of the presidents of the district courts included in the appeal – in this case, the presidents of the district courts in Poznań, Konin and Zielona Góra.

– The presidents of these courts appeared yesterday and the college was held. There were three points on the board’s agenda, i.e. giving an opinion on the request of the Minister of Justice to dismiss the president and vice-presidents. One of the points regarding judge Przemysław Radzik did not take place because we failed to notify the judge. He did not answer the phone and did not respond to the e-mail sent, the judge explained.

Therefore – he pointed out – on Monday, only votes and deliberations of the college took place regarding motions regarding President Bartoszek and Vice-President Dembska.

Przemysław RadzikLeszek Szymański/PAP

How the votes were distributed

– I delivered a copy of the minister’s application to all interested parties. College members also received applications. At the request of Judge Daniel Jurkiewicz, president of the District Court in Poznań, the vote was secret. The provision of the Act on the Organization of Common Courts states that if one of the members of the college requests that the vote be secret, the vote will be held secretly, the judge explained.

He added that the composition of the college is even – it consists of four people. Judge Grajzer pointed out that according to the regulations, when the votes are evenly distributed, the vote of the chairman of the college is decisive.

– That is why I can say that I declared for the record – I did it before the vote – that I waive the right of secrecy and revealed my vote just in case the result of the vote was undecided. And so it happened. The vote in both cases was two to two. In accordance with the relevant provision of the Act on the Organization of Common Courts, the chairman’s vote determined that the board of the Court of Appeal gave a positive opinion to the conclusions of the Minister of Justice, noted Judge Grajzer.

The decision regarding Radzik is expected to be made on Tuesday

Przemysław Grajzer, acting president of the court, added that another board of the Court of Appeal will be held on Tuesday afternoon, at which one of the items will concern the opinion on the request of the Minister of Justice regarding the dismissal of judge Przemysław Radzik from the position of vice-president of the court.

He noted that attempts were still underway to notify Judge Radzik about Tuesday’s collegium. – He still doesn’t answer the phone – he said.

“Gazeta Wyborcza” was the first to report on the decision of the board of the Court of Appeal in Poznań on Monday night.

Radzik as deputy disciplinary spokesman for judges of common courts

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 took up the position of vice president for criminal matters in this court. Later he went to the Court of Appeal in Warsaw, and from July 2022 he was its vice-president.

Parts of the judicial community and the new ruling camp emphasized that Radzik, as a disciplinary spokesman, prosecuted judges, which was inconvenient for the authorities. PIS.

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: Leszek Szymański/PAP



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