The Rector of Kozminski University informed about signing a new contract with judge Igor Tuleya. Earlier, the university broke this cooperation because – as it admitted – it “misinterpreted” the decision of the vice president of the District Court in Warsaw, Przemysław Radzik, who did not agree that the judge should conduct classes for students. The Rector also dismissed the Dean of the Law College, Robert Zieliński.
We informed on Wednesday that Kozminski University broke off cooperation with judge Igor Tuleya, because he did not receive permission to conduct classes for students from the vice-president of the District Court in Warsaw, Przemysław Radzik. Later, the university apologized for the situation and announced its willingness to continue cooperation with the judge. In a statement published on September 21, Robert Zieliński, the dean of the Law College, announced that the university “misinterpreted the decision issued by the President of the District Court”. “We decided that this decision prevents us from further cooperation. We apologize to Mr. Igor Tuleya and all those who felt offended by the situation. We declare that we maintain our interest in cooperating with the judge” – emphasized Zieliński.
When we asked the university if this meant that the decision to terminate the cooperation would be canceled and the judge would be able to conduct classes at the Kozminski University in the coming academic year, we received a reply that the university sent an appropriate letter to the judge and waits for an answer in this matter. On Friday it turned out that Tuleya agreed. “Today I signed a contract with Judge Igor Tuleya, who will conduct classes for law students in the new academic year” – said Professor Zieliński in a statement on Friday.
He also admitted that “a mistake was made” in the matter of cooperation with Tuleja. “The rules related to the employment of teachers at our Academy have not been respected. The university cares about cooperation with practitioners, especially those who are well rated by students, including judge Tuleya. We should continue this cooperation if only the judge would consent to it” – said the rector.
He also informed about the dean’s resignation: “On Thursday, I decided to resign Prof. Robert Zieliński from the function of Dean of the Law College. I am conducting talks with candidates who will have a vision for the development of the Law College and it will be consistent with the vision of our university”.
Tuleya: Radzik’s decision “arbitrary” and “devoid of substantive justification”
The case of the broken cooperation between the university and Judge Tuleya was described on Tuesday by the OKO.press portal. As reported, at the beginning of September Igor Tuleya informed the authorities of the District Court in Warsaw about his intention to conduct classes for law students at the Kozminski University and at the Ad Exemplum School of Procedural Law. Pursuant to Article 86 of the Act on Courts, judges may perform teaching and research positions, provided that this does not interfere with their judicial work. The activities undertaken by them must also not weaken the confidence in their impartiality or be disrespectful to the profession. If the president of the court decides that they do not meet any of the indicated conditions, he may refuse to accept additional employment.
Przemysław Radzik, vice president of the District Court in Warsaw, who is also the deputy disciplinary spokesman of common court judges, expressed his objection to judge Tulea’s intentions. “He decided that classes with law students may ‘bring dishonor to the office of judge’, because Tuleya is suspended and there is consent to his criminal prosecution by the prosecution” – reports OKO.press.
The portal emphasized that Judge Tuleya did not intend to stop teaching activities, he also quoted a letter from him to Vice President Radzik of September 21: and July 15, 2021. In addition, it constitutes a further unlawful violation of my fundamental rights and freedoms. You have already forbidden me from publishing columns in the media, thus restricting my right to freedom of speech. Currently, you are trying to interfere with my rights related to research and teaching activities The decision of September 10, 2021 is completely arbitrary and devoid of substantive justification. “
According to the portal, despite Radzik’s decision, the second university – the School of Procedural Law “Ad Exemplum” – did not suspend cooperation with Tuleya. The article also recalled that the judge was employed at the Kozminski University under a contract of mandate. He taught criminal law for third and fourth year students. Earlier, he was given permission to conduct classes, and in the eyes of the former president of the court, Joanna Bitner, it did not interfere with his duties. He was also to receive the consent of the new president, Piotr Schab, for one-time lectures for applicants. The portal noted that Tuleya is currently removed from adjudication, so working at the university is not an obstacle in the performance of the basic tasks of a judge.
The case of judge Igor Tuleya
The National Public Prosecutor’s Office wants to accuse Judge Tuleya of unlawfully disseminating information from the preparatory proceedings. In December 2017, Tuleya allowed journalists to record a court session that considered a complaint about the discontinuation of the investigation into the deliberations in the Hall of Columns. It was then that the public learned that PiS deputies testified that the opposition was deliberately not allowed to participate in the deliberations.
The unrecognized Disciplinary Chamber, at the request of the prosecutor’s office, revoked Judge Tuley’s immunity, agreeing to bring charges against him. Since then, the judge has not been admitted to adjudicate in the District Court in Warsaw.
On April 22, the Disciplinary Chamber did not agree to his detention and forced removal. The decision was issued by Adam Roch, a former prosecutor. The complaint of the National Public Prosecutor’s Office in this matter will be examined by a three-person composition of the Disciplinary Chamber. The National Public Prosecutor’s Office appealed to the Supreme Court against the resolution of the unrecognized Disciplinary Chamber.
CJEU on the Disciplinary Chamber
The Court of Justice of the European Union ruled on 15 July that the system of disciplinary liability of judges in Poland is inconsistent with European Union law. The day before, the vice-president of the CJEU, Rosario Silva de Lapuerta, decided to apply interim measures to Poland in another case in the form of “immediate suspension” of the application of national provisions relating to the powers of the Disciplinary Chamber of the Supreme Court.
In connection with the CJEU judgment concerning the challenged Disciplinary Chamber, judge Tuleya in July filed a motion to reinstate him. However, vice president Radzik did not agree to his return.
In 2018, the Minister of Justice, Zbigniew Ziobro, appointed Przemysław Radzik as the deputy disciplinary spokesman for judges of common courts. From January 1, 2019, Radzik adjudicates in the District Court in Warsaw on the basis of a delegation for an indefinite period. At the end of 2020, he became the vice president of this court for criminal matters. The judge was promoted in March this year – he was then appointed judge of the Court of Appeal in Warsaw.
Main photo source: TVN24