Żurek wants to exclude 6 judges from the Chamber of Professional Responsibility of the Supreme Court

Prosecutor General Waldemar Żurek asked the president of the Chamber of Professional Responsibility of the Supreme Court, Wiesław Kozielewicz, to exclude six judges from undertaking activities reserved for the court in this Chamber – said PG spokeswoman Anna Adamiak on Wednesday.

PG's speech concerns members of the Chamber of Professional Responsibility appointed to the Supreme Court after 2017 by the National Council of the Judiciary, formed after changes introduced by the then ruling PiS: Tomasz Demendecki, Marek Dobrowolski, Marek Motuk, Marek Siwek, Maria Szczepaniec and Paweł Wojciechowski.

“In making the appeal, the Prosecutor General drew attention to the obligation of the president of the Chamber of Professional Responsibility of the Supreme Court to ensure the right to a court established by law. The implementation of this right is not possible in a situation when the procedure for appointing judges performing duties in this Chamber was burdened with defects resulting from the excessive influence of the legislative and executive powers on the nomination process,” prosecutor Adamiak said in the statement.

As she added, PG's position is supported by the established case law of European tribunals, including the European Court of Human Rights and the Court of Justice of the European Union. “These bodies consistently point out that a court can be considered established by law only if the procedure for appointing its judges guarantees their independence from the executive and legislative power and ensures public confidence in the justice system,” the PG spokeswoman noted.

As indicated in the press release, in the opinion of the PG, “the method of appointing the members of the Chamber of Professional Responsibility of the Supreme Court and the performance of adjudicative activities within the competences of this Chamber by persons appointed as judges of the Supreme Court with the participation of the National Council of the Judiciary means that it cannot be concluded that in such a situation the Chamber of Professional Responsibility of the Supreme Court meets the conditions of a court established by law.”

Back in September, Żurek sent calls to Supreme Court judges appointed after 2017 to stop violating the law. Żurek's letters recalled that the participation in adjudicating panels of such people “nominated in an unconstitutional procedure and their judicial activity” violates the Constitution of the Republic of Poland, the European Convention on Human Rights and the Treaty on European Union.

“Moreover, as the consequence of these actions is measurable damage, amounting to millions of zlotys, for the Republic of Poland resulting from the obligation to pay compensation to persons whose (…) right to have the case heard by an independent and impartial court was violated, the State Treasury may seek recourse on the basis of recourse – the refund of the amounts paid from the persons who caused these damages,” Żurek wrote then.

In Wednesday's speech, the Prosecutor General referred to the results of the analysis of 91 ECHR decisions issued in connection with complaints regarding “the judicial activities of these people in the Supreme Court.” As he indicated, “the sum of amounts awarded in connection with the judicial activities of individual persons” referred to in his speech is: Tomasz Demendecki – approximately PLN 42,000. PLN 700, Marek Dobrowolski – approximately PLN 42,000. PLN 700, Marek Motuk – approximately PLN 512,000. PLN 400, Marek Siwek – approximately PLN 580,000. PLN 720, Maria Szczepaniec – approximately PLN 224,000. PLN 175, Paweł Wojciechowski – approximately PLN 96,000. PLN 75.

“The Prosecutor General noted that currently approximately 1,000 cases of this type are awaiting resolution in the ECtHR. Further performance of the judicial function in the Supreme Court by the above-mentioned persons may result in further burdens directly for the State Treasury, and indirectly for all Polish citizens,” noted Prosecutor Adamiak.

And the president of the Supreme Court, Małgorzata Manowska, asked on Polsat News on Wednesday afternoon about Żurek's speech, stipulated that the question of the answer belongs to the decision of president Kozielewicz – “an outstanding judge in every respect – both substantive and ethical.” – I will not interfere with the president – she added.

– However, such applications were also submitted to the Civil Chamber on the day of my session. (…) We issued judgments normally and we will definitely fight this phenomenon, Manowska noted.

As indicated by the First President of the Supreme Court, currently the average waiting time is three years for a case to be resolved in the Supreme Court. – With such activities of the prosecutor's office, people will have to wait six or ten years. We will do everything to prevent this from happening, Manowska emphasized.

The Chamber of Professional Responsibility of the Supreme Court was established in mid-July 2022, after the entry into force of the amendment to the Act on the Supreme Court of June 2022. At that time, the Disciplinary Chamber of the Supreme Court was liquidated. In the first half of August 2022 – in accordance with the provisions of the amended regulations – the Supreme Court College selected 33 candidates to adjudicate in the new Chamber. The candidacies reached the desk of then president Andrzej Duda. In September 2022, the President appointed 11 Supreme Court judges from this group to adjudicate in the Chamber of Professional Responsibility of the Supreme Court.

“Arbitrary decisions of the President of the Republic of Poland, as an organ of executive power, pursuant to which he selects members of this Chamber without statutorily defined criteria, without any justification, and sometimes against the will of some of them, cannot constitute the basis for recognizing it as an independent and impartial court,” we read in Wednesday's statement by prosecutor Adamiak.

As the PG spokeswoman further noted, “the list of candidates for members of the Chamber was presented to the President of the Republic of Poland by a person who has serious doubts regarding both her appointment as a Supreme Court judge and the appointment of the First President of the Supreme Court, as well as who maintains close relations with representatives of the legislative and executive power, in particular with the President of the Republic of Poland, who made the decision both about her appointment and about her appointment to the Chamber of Professional Responsibility of the Supreme Court.” persons indicated in the letter” by Waldemar Żurek.

Marcin Jabłoński (PAP)

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