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Friday, January 28, 2022

Waldemar Żurek. There might be no change within the adjudication panel in his case

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The case of Kraków choose Waldemar Żurek, who’s accused of infringing the workplace’s dignity in reference to statements about choose Kamil Zaradkiewicz and the brand new Nationwide Council of the Judiciary, might be examined by the initially appointed composition of the disciplinary courtroom in Katowice. Decide Żurek wished adjustments within the composition, as a result of he indicated that I’d be attempting to guage him from individuals appointed by the minister of justice.

On Friday, the courtroom, at a closed session, examined the protection’s movement to exclude members of the trial panel. – A distinct composition of the disciplinary courtroom (than the one adjudicating within the case of Decide Żurek – ed.), Which operates on the Court docket of Enchantment in Katowice, didn’t determine to exclude judges – mentioned courtroom spokesman Robert Kirejew.

Court docket of Enchantment: choose Żurek motivated his request with systemic causes

Decide Kirejew recalled that Decide Żurek motivated his request with “systemic causes”, pointing to the tactic of choosing disciplinary judges, however didn’t make any private accusations questioning the objectivity of particular person judges. – One other panel of the disciplinary courtroom didn’t share these arguments, subsequently the case might be handled by the unique choose – added choose Kireyev

The date of the following listening to has not but been set.

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Decide Żurek: I’ve the proper to a two-instance trial

Decide Żurek spoke in an interview with TVN24 about his reservations as to the individuals who have been included in his case.

– I, as a choose, however on the identical time a citizen who has the proper to a two-instance trial, on the very starting I do know that right here within the first occasion there are individuals appointed by the minister, and within the second occasion there’s a Disciplinary Chamber which doesn’t include legally elected judges, however from the nominees of the minister, who additionally sits on the Nationwide Council of the Judiciary, which dispersed the authorized Nationwide Council of the Judiciary, selected the neo-KRS, and that is to be the second occasion in my case – he identified.

Decide Żurek: I’ve the proper to a two-instance trial

Decide Żurek: this can be a struggle towards freedom of speech

– I declare that the faulty neo-NCJ, that’s one thing that’s not an organ in reference to the constitutional necessities, couldn’t put together an accurate software to the president for the appointment of a choose. And I proceed to carry this place, persistently, I don’t change it. Many attorneys in Poland have such a place – he added.

– I’m to face earlier than a disciplinary courtroom for this assertion. Not for working badly, for making errors, however for daring to query the standing of an individual that everybody is questioning. So it’s clearly a struggle towards the liberty of speech, but additionally towards the liberty of authorized dispute – mentioned Decide Żurek.

Decide Żurek: this can be a struggle towards freedom of speechTVN24

Disciplinary case of choose Żurek

The disciplinary case considerations the phrases from the interview on the web site praw.pl, by which Żurek questioned the appointment of Kamil Zaradkiewicz to the Supreme Court docket. It’s about an interview entitled “Decide Żurek: Kamil Zaradkiewicz needs to deal with the residents to chaos within the courts”. The disciplinary spokesman’s software was filed with the courtroom in October final 12 months. The accusations towards the choose concern that he “violated the dignity of the workplace” and “to ship a political manifesto regarding his views and assessments associated to the operation of the constitutional organs of the state, together with the Constitutional Tribunal and the Nationwide Council of the Judiciary”.

Decide Żurek doesn’t agree with the allegations, judging that this case targets judges who publicly specific their authorized views.

This is without doubt one of the two disciplinary {cases} of Żurek that was dropped at the Katowice disciplinary courtroom. In one other, the choose is accused of not working within the division he was transferred to. Żurek is of the opinion that the switch was unlawful and was meant to harass him. Within the opinion of the protection, the case is an expression of repression for Żurek’s angle to the protection of the structure, the independence of the judiciary and civil rights.

In line with the deputies of the disciplinary commissioner, the case is expounded solely to the efficiency of choose Żurek’s workplace and considerations his failure to take up his duties within the division to which he was transferred by the choice of the president of the regional courtroom for over a month. In July, on the subsequent listening to on this case, the Katowice disciplinary courtroom didn’t settle for the protection’s movement to discontinue the proceedings. He additionally refused to refer the case to the Supreme Court docket.

Foremost picture supply: TVN24


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