Judge Waldemar Żurek declared at the beginning of the week that he will not adjudicate in the panels to which judges nominated by the new National Council of the Judiciary will be assigned. On Thursday, court president Dagmara Pawełczyk-Woicka responded to him.
September 14th Waldemar Żurek, a judge of the District Court in Kraków, sent a declaration to the president of his court in which he refuses to adjudicate with judges appointed by the new NCJ. There is one judge in his department – Marzena Lewicka.
“I declare that I will not adjudicate with persons who were incorrectly appointed in the nomination process. Due to the way in which it was appointed, the application of the neo-NCJ does not meet the requirements of our Constitution. persons “- wrote judge Żurek.
Referring, inter alia, to the analysis of the judgments of the European Court of Human Rights in Strasbourg and the judgment of the Court of Justice of the EU of 15 July 2021, he stated that the appointment of Marzena Lewicka to the position of judge of the District Court in Krakow “is legally ineffective”. He added that his declaration did not constitute a resignation from office, but “results from the necessity to comply with the principles of the Polish Constitution, EU law and judgments of European courts, which are binding on Poland.”
Żurek refuses to adjudicate. The president of the court is responsible
On Thursday, Żurek’s letter was answered by Dagmara Pawełczyk-Woicka, president of the District Court in Kraków.
She informed that the judge’s request “will not be granted”. She wrote that “upon receiving the judicial nomination, the judge promises to uphold the legal order, obey the applicable laws and the Constitution”, and “refusing to take the oath is tantamount to resigning from the judge’s position”.
She added that Żurek’s statement “means the withdrawal of the unconditional consent to the administration of justice on behalf of the Republic of Poland under the act of appointment by the president”.
“With your statement, you made the performance of the service dependent on the other judge with which you were appointed to the court. matters “- she wrote to the judge.
Otherwise – she stressed – “the letter, in view of the will to not adjudicate in the cases selected by you, will be forwarded to the minister of justice for action”. “Performing the function of a judge is voluntary” – she summed up.
Main photo source: TVN24