Warsaw 16 January 2023
of the judges of the Court of Appeal in Warsaw
We, judges of the Court of Appeal in Warsaw, express our adamant objection to the position of the President of the Court of Appeal in Warsaw, Piotr Schab, refusing to implement the interim measure issued by the European Court of Human Rights in Strasbourg in the cases of judges of our Court: Appeal Court Judge Ewa Leszczyńska-Furtak (application no. 39471/22), Appeal Court Judge Ewa Gregajtys (application no. 39477/22) and Appeal Court Judge Marzanna Piekarska-Drążek (application no. 44068/22). In its decision of 6 December 2022, the Court ordered the suspension of the implementation of the decision to transfer the above from the Criminal Division to the Labour and Social Insurance Division. In a letter of 13 December 2022, the President of the Court of Appeal in Warsaw declared that he would not implement the interim measure that was ordered, acknowledging that the decision of the Court in Strasbourg is of a non-binding nature. This position breaches the obligations of the Republic of Poland arising from the Convention for the Protection of Human Rights and Fundamental Freedoms and constitutes a blow to the authority of our Court. We therefore call on the President of the Court of Appeal in Warsaw to immediately implement the interim measures ordered by the European Court of Human Rights.
Ewa Klimowicz – Przygódzka
Magdalena Kostro – Wesołowska