Encouraging judges not to execute the judgments of the European Court of Human Rights may constitute incitement to committing an act under Article 231 of the Penal Code – said attorney Mikołaj Pietrzak in “Fakty po Faktach”. Together with attorney Sylwia Gregorczyk-Abram, he spoke about the notification to the prosecutor’s office regarding inciting members of the neo-KRS to not implement the judgment of the Strasbourg Tribunal. Gregorczyk-Abram spoke about the status of the fifteen judges appointed by the former Sejm majority. “The election was illegal,” she said.
The guests of Tuesday’s edition of “Fakty po Faktach” on TVN24 were attorney Sylwia Gregorczyk-Abram from the “Free Courts” Initiative and attorney Mikołaj Pietrzak, dean of the District Bar Council in Warsaw.
They talked about the announcement by the members of the neo-KRS appointed by the Sejm and the Senate, who announced that they were submitting a notification to the prosecutor’s office in a case politicized by PIS Advice. This is about inciting public officials not to implement the judgment of the European Court of Human Rights.
“I’m not surprised by this announcement”
Pietrzak said that these are “truly extraordinary events in any democratic institution.” – This does not fit into a civilized democratic game – he commented.
– I am not surprised by this announcement. Of course, as a lawyer, I would not like to talk about the details, because I do not know this notification, but I share the preliminary assessment that persuading judges not to execute the judgments of the European Court of Human Rights may constitute incitement to an act under Article 231 of the Penal Code (referring to abuse of power). – ed.) – he added.
§ 1. A public official who, exceeding his or her powers or failing to fulfill his or her duties, acts to the detriment of the public or private interest shall be subject to the penalty of imprisonment for up to 3 years. (…)
The attorney also said that “we will win with discussion, democratic debate and substantive reasons.”
Gregorczyk-Abram: a resolution may declare the election invalid
Gregorczyk-Abram spoke about the fifteen members of the neo-KRS who were elected by the PiS majority in the Sejm. She emphasized that this case was about the status of judges as members of the National Council of the Judiciary, and not about their status as judges. – We are absolutely not touching this, she said.
– We are talking about a resolution that will confirm what we all already know, what has been said in a number of judgments of the Court of Justice of the European Union, the European Court of Human Rights and Polish courts, including the Supreme Court. This is a confirmation of the legal status that invalidates them in some way choice, which took place in the future, because it was illegal. – she explained.
When asked whether the above-mentioned 15 people from the Council could be dismissed, she replied that “a resolution could invalidate their election, which was made illegally a few years ago.”
Pietrzak warned against “the temptation to make an easy cut, like Alexander (cutting) the Gordian knot.” – That is not possible. We want to promote democracy and a pro-constitutional system. This requires complex actions that will, unfortunately, take a lot of time, he said.
Main photo source: TVN24