The situation of the judiciary in Poland

The situation of the judiciary in Poland is very problematic.

There were manifestations in different cities of Poland last Sunday; at request of our national member a brief statement was produced the same day by the President of the European Association of Judges, Mr Matos (https://www.iaj-uim.org/news/poland-statement-of-the-president-of-the-eaj/).

However just today Polish Supreme Court in a new turn of events has decided:

• Polish National Council of Judicary is not idepedent from other powers.
• Newly created Disciplinary Chamber of Polish Supreme Court is not a court within the meaning of the EU Law.

Hereinafter , a summary of what is happening in Poland:

1. Judge Pawel Juszczyszyn, got suspended, his delegation to an upper instance was cancelled, disciplinary charges were brought against him, and criminal responsibility was announced too (abuse of powers);
   http://rzecznik.gov.pl/wp-content/uploads/2019/11/Komunikat-Pawel-J-Olsztyn.pdf
   In more details: Judge Juszczyszyn when examining an appeal case, decided (in line with the CJEU ruling) to verify, if the judge who delivered the first instance ruling was properly appointed (he was selected by the neo- ENCJ-suspended KRS), ordered the Sejm Chancellery a few days ago to produce the lists of supporters of the candidates to the new KRS. The MoJ immediately called off his delegation to a higher court. The Ministry’s press release (PL): https://www.gov.pl/web/sprawiedliwosc/informacja-w-sprawie-bezprawnego-podwazenia-statusu-sedziego2
   In addition to having his delegation to the upper court cancelled, two new sanctions were adopted:
   (ii) the disciplinary officer (appointed by MoJ) initiated a disciplinary proceeding against the judge for what he did, officer’s press release (PL): http://rzecznik.gov.pl/wp-content/uploads/2019/11/Komunikat-Pawel-J-Olsztyn.pdf and
   (iii) the President of the District Court in Olsztyn (Maciej Nawacki, who was appointed by the MoJ; and also serves as a member of the new KRS) put him on suspension for 1 month (the maximum length of suspension that can be decided by a court’s president, it could be then extended by ID SC).
   https://wiadomosci.onet.pl/kraj/olsztyn-sedzia-juszczyszyn-zawieszony-przez-prezesa-sadu-rejonowego/049lp4g
   https://www.tvn24.pl/wiadomosci-z-kraju,3/sedzia-pawel-juszczyszyn-zawieszony-przez-macieja-nawackiego-prezesa-sadu-rejonowego-w-olsztynie,989304.html
   https://www.tvp.info/45558727/prezes-sadu-rejonowego-w-olsztynie-zawiesil-sedziego-pawla-juszczyszyna
   2. Disciplinary charges were formulated against three other judges from Krakow Regional Court for verifying the lawfulness of a judicial appointment on the basis of a KRS recommendation:
   http://rzecznik.gov.pl/wp-content/uploads/2019/11/Komunikat-Sędziowie-SO-Kraków-Asesor.pdf
   More details: three judges of the District Court in Kraków, following the CJEU guidance, decided to assess the appointment of an assessor (a junior judge) as part of the appeal proceeding. They will be facing disciplinary liability; the disciplinary officer, appointed by MJ, put forward charges against them on that ground. The officer’s press release (PL): http://rzecznik.gov.pl/wp-content/uploads/2019/11/Komunikat-Sędziowie-SO-Kraków-Asesor.pdf
   The aim is to discourage judges from taking account of this (and subsequent) Court’s rulings referring to the changes in Polish judiciary, and dissuade the judges from making further references for a preliminary ruling. How could the CJEU react to that? Definitely, sooner or later, it will get informed. Will it be willing to react? Perhaps, by giving more straightforward answers to preliminary questions next time?
   3. 55 disciplinary charges have been brought today against Krystian Markiewicz, President of Judges Association “Iustitia” for questioning the independence of KRS and SC Disciplinary Chamber;
   http://rzecznik.gov.pl/wp-content/uploads/2019/12/Komunikat-Krystian-M.pdf
   4. A bill is apparently in the pipeline so as to punish judges who challenge the judicial status of other “judges” appointed by ENCJ-suspended NCJ. No draft so far but seehttp://themis-sedziowie.eu/materials-in-english/news-dgp-pis-is-preparing-a-disciplining-act-for-judges/ and https://www.premier.gov.pl/wydarzenia/aktualnosci/stanowisko-rady-ministrow-w-sprawie-sytuacji-w-wymiarze-sprawiedliwosci.html
   5. Yesterday (3 December), a 3-judge panel of the new SC Chamber (Extraordinary Control Public Affairs) asked a 7-judge panel of the same Chamber two questions related to the effects of the recent CJEU ruling. They are formulated in a neutral way (if there’s an automatic obligation to verify KRS’ independence and if there’s an obligation to cancel a KRS decision after determining that it is not independent?) but since it is one of the two chamber fully staffed by the neo-KRS and PAD, the true intentions may be to block the application of the ruling. SC note (PL): www.sn.pl/aktualnosci/SitePages/Komunikaty_o_sprawach.aspx?ItemSID=330-b6b3e804-2752-4c7d-bcb4-7586782a1315
   6. Tomorrow (5 December) the SC should proceed with one of the cases in which the ECJ was asked for a Preliminary Ruling
   More details: See also the decision of the President of the SC Civil Chamber (Judge Zawistowski) not to form SC panels with the participation of the new judges of that chamber, i.e. those who were appointed following the selection procedure by the new KRS, until the SC decides the cases in which it asked for that preliminary ruling. He added a special call: “He also made a special call (last para): “This [CJEU] judgment is addressed to all courts in Poland, including all persons appointed to judicial positions with the participation of the current National Council of the Judiciary. I therefore appeal to those appointed to the Civil Chamber of the Supreme Court in 2018 to act in a fully responsible manner in the cases assigned to them, with particular regard to the interests of the parties and the threat of deepening legal chaos.” (DeepL)

   SC press release (PL): http://www.sn.pl/aktualnosci/SiteAssets/Lists/Wydarzenia/AllItems/2019.11.25%20-%20O%C5%9Bwiadczenie%20Prezesa%20SN%20-%20Izba%20Cywilna.pdf