Manowska versus sour soup. There is a notification to the prosecutor's office

And the president of the Supreme Court Małgorzata Manowska submitted a notification of suspected crime by the head of MS Waldemar Żurek. As reported, the notification concerns “exerting the threat of unlawful influence on the official activities of the Supreme Court.” It is about the summoned, which the sour soup directed to SN judges appointed after 2017.

The notification, whose copy was posted on Thursday on the Supreme Court's website, was directed to the internal department of the National Prosecutor's Office.

“The unprecedented attack of politics, a government representative to the highest Polish court authority must meet the proper reaction of the prosecutor, equipped with an attribute of independence,” said President Manowska in the notification.

The head of MS, Prosecutor General Waldemar Żurek has repeatedly emphasized that persons appointed to judges in a defective procedure – in accordance with well -established jurisprudence of European courts and legal squads of the Supreme Court – “do not create a court”, and yet they decide and generate compensation risk for you.

Last week, it was reported that he sent Żurek to call “persons performing judicial duties in the Supreme Court as a result of a defective nomination procedure”, in which, among others called to stop violating the law. It is about judges selected for the Supreme Court after 2017 in procedures before the National Council of the Judiciary transformed by the Act from the time of PiS rule. Similar calls of sour soup referred to the judges of the Supreme Administrative Court appointed after 2017.

Żurek's writings reminded that the participation of such persons “nominated in the unconstitutional procedure and conducting jurisprudence” violates the Constitution of the Republic of Poland, the European Convention of Human Rights and the Treaty on the European Union. “What's more, as the consequence of these activities are measurable, because they reaching millions of zlotys, damage to the Republic of Poland resulting from the obligation to pay compensation to persons whose (…) the right to hear the case by an independent and impartial court has been violated, the State Treasury may claim on the basis of regression – the return of the amount paid from persons who led to these damage to the creation of these damage,” wrote Żurek.

As we read in the notification of the President of Manowska, such letters were addressed to a total of 21 judges of the Civil Chamber, 11 judges of the Penal Chamber, 7 judges of the Chamber of Labor and Social Insurance and 18 judges of the Extraordinary and Public Affairs Chamber.

“In this context, it requires a special emphasis that the Supreme Court judges indicated in the letters were appointed to the office of the Supreme Court judge by the President of the Republic of Poland Andrzej Duda, based on the provisions of the Polish Constitution,” MANOWSKA wrote.

She added that “in the light of the above, an attempt to present people correctly appointed to the office of Supreme Court judges as de facto usurping this function is not only an unjustified strike in the authority of the Supreme Court, but must also be assessed as conscious creation of false facts, aimed at causing the reaction of law enforcement and delegitimizing the judgments issued by the entire Supreme Court.”

“The announcement of the State Treasury of recourse claims from persons acting as judges, which is to suggest their personal property liability for adjudicating in specific cases, is not an action within the limits of permissible legal criticism or polemics with the argumentation of the court. This is an intimidating agent that aims to achieve a chilling effect consisting in the fact that the recipient of the threat is financial, abandoning his duties, or limits the independence to avoid the risk of personal liability, “also pointed out the first president of the Supreme Court.

According to President Manowska, the prosecutor general's function held by Żurek “at the same time argues that these threats are real and can be realized using the power apparatus available to him, which raises the reasonable fears of their fulfillment.” “Such an unprecedented attack of politics, a government representative to the highest Polish court authority must meet the proper reaction of the prosecutor, equipped with an attribute of independence,” said the first president of the Supreme Court.

In September, Żurek appointed a team of prosecutors in PK to “prevent the negative effects of judgments” issued by judges nominated with the current KRS in the Supreme Court and the Supreme Administrative Court and announced the possibility of recourse lawsuits against them. “The team analyzes the scale of this problem and prepares proposals for solutions to protect the rights of the parties to the proceedings and ensure compliance of the case -law with constitutional and international norms,” ​​said PG spokeswoman prosecutor Anna Adamiak.

The dispute regarding the National Court Register and judges selected in the procedure with her participation is associated with the amendment in December 2017 of the Act on the Council, according to which since 2018 15 judges-members of the National Court Register are elected by the Sejm, although they were previously elected by judges. The change from 2017 became the reason for the opposition at the time, and by the currently accusing the politicization of the National Court Register and questioning the status of persons appointed to the office of a judge with the participation of such shaped KRS.

The defectiveness of the procedure for selecting judges involving the current KRS has also indicated in recent years, among others European Tribunals – CJEU and ECtHR.

Recently, the Chamber of Labor and Social Security of the Supreme Court composed of seven judges – appointed before 2018 – adopted a resolution, according to which, among others The judgment of the Chamber of Extraordinary Control and Public Affairs of the Supreme Court with judges appointed since 2018 is “non -existent and non -existent”. – The EU is based on law, the EU is ruled by law and for the EU to function, it needs courts in the Member States and these courts must meet certain requirements so that it can be talked about functioning in the Union of Law – judge Dawid Miąik said in the oral justification of this resolution. (PAP)

MJA/ PAR