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Tuesday, December 17, 2024

The prosecutor's office wants to revoke the immunities of Schab and Radzik. In the background is the case of Tuleya

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The National Prosecutor's Office requested the Supreme Court to waive the immunities of judges Piotr Schab and Przemysław Radzik in the case of preventing judge Igor Tuleya from adjudicating. This concerns the period when Schab and Radzik served as president and vice-president of the District Court in Warsaw.

– In the ongoing proceedings, the Internal Affairs Department of the National Prosecutor's Office has collected full evidence, and in order to end the case, it is necessary to issue a decision to charge Piotr Schab and Przemysław Radzik with committing a crime and to perform activities with their participation – said the press spokeswoman of the Prosecutor General, prosecutor Anna Adamiak, on Tuesday.

Judges Piotr Schab and Przemysław RadzikPaweł Supernak/PAP

Judge Tuleya removed from adjudicating

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Judge of the District Court in Warsaw Igor Tuleya he was removed from adjudicating after his immunity was revoked by the now defunct Disciplinary Chamber of the Supreme Court in November 2020. At the end of July 2021, Tuleya filed an application for reinstatement to adjudicate, citing the judgment CJEU. This judgment showed that the system of disciplinary liability of judges in Poland is not compliant with EU law. However, the judge did not return to work at that time.

As a result, Tuleya submitted a notification to the prosecutor's office about the possibility of exceeding the powers of the then president and vice-president of the capital district court – Schab and Radzik. Warsaw investigators then refused to initiate an investigation into this case. Judge Tuleya's attorney, Michał Romanowski, then filed a complaint against this decision. This complaint was dealt with by the District Court in Białystok, which in November 2022 overturned the prosecutor's decision to refuse to initiate an investigation and ordered proceedings to be conducted in this case.

The OKO.press portal reported in March that an investigation into this case was initiated on February 21 by the Internal Affairs Department of the National Prosecutor's Office.

Main photo source: Paweł Supernak/PAP



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