The case of suspension of judge Agnieszka Niklas-Bibik from Słupsk was to be dealt with on Monday by the Disciplinary Chamber, not recognized by the Supreme Court. This did not happen, however, because the files were withdrawn from the chamber by the first president of the Supreme Court, Małgorzata Manowska, and sent to its secretariat. Meanwhile, the period of dismissal of Judge Niklas-Bibik from official duties is coming to an end and she will be able to return to work on Tuesday.
Judge Agnieszka Niklas-Bibik was at the end of October removed for 30 days from official duties by the president of the District Court in Słupsk. As reported at the time, the break in Niklas-Bibik’s activities was ordered in connection with the revocation by her of the judgment issued by a judge of the district court, who had been appointed by the current National Council of the Judiciary, and the revocation of the decision on provisional arrest of the accused of robbery. The judge then referred to the judgments of the Court of Justice of the European Union and the European Court of Human Rights. Monday is the last day of the judge’s break.
The unrecognized Disciplinary Chamber of the Supreme Court was to deal with the case of judge Niklas-Bibik
The case of judge Niklas-Bibik was brought to the Supreme Court ex officio after the file was transferred by the president of the court in Słupsk. The Disciplinary Chamber – which, in the opinion of many lawyers, constitutionalists and judges, is not a court within the meaning of the law – has scheduled the examination of this case for Monday.
Judge Niklas-Bibik informed that she had not been informed about this date by the Supreme Court, and that she had learned about the meeting from other sources.
The judge also applied to the first president of the Supreme Court, Małgorzata Manowska, to dismiss the case and refer it to the Criminal Chamber of the Supreme Court for examination.
The first president of the Supreme Court took over the files, the unrecognized chamber did not consider the case of the judge from Słupsk
On Monday, the judge from Słupsk came from the Supreme Court with the defense lawyers: the president of the Chamber of Labor and Social Security, Piotr Prusinowski, and the judge of the Supreme Court, Jarosław Matras.
The unrecognized Disciplinary Chamber did not finally deal with the Niklas-Bibik case that day. According to the spokesman of this chamber, Piotr Falkowski, at the request of President Manowska, the case files were transferred to its secretariat. – Due to the fact that the files are in the possession of the first president, we are not able to hear the case – said Falkowski.
He pointed out that, according to the orders of the first, the president of the Supreme Court, newly submitted disciplinary cases of judges should not be examined in an unrecognized Disciplinary Chamber, but kept in its secretariat. – When making the decision today, the first president of the Supreme Court was doubtful whether the case of judge Niklas-Bibik should be included in the disciplinary cases covered by her order – Falkowski added.
It is about the ordinances of Małgorzata Manowska released in August and extended in November. According to it, new disciplinary and immunity cases of judges will be referred to the secretariat of the first president of the Supreme Court. They are valid until January 31, 2022.
As a result, from Tuesday judge Agnieszka Niklas-Bibik will be able to return to adjudication.
A picket in support of judge Niklas-Bibik
On Monday, a picket in support of judge Niklas-Bibik was held in front of the Supreme Court building. The judge from Słupsk thanked for support and help. In an interview with journalists, she emphasized that she had no doubts when making judicial decisions for which she was later removed from adjudication. “The moment the judge gets the case and sees what’s in it, there’s no question what to do,” she added.
During the conference, judge Prusinowski, lawyer Niklas-Bibik said that “we do not recognize the Disciplinary Chamber as a court”.
Main photo source: TVN24