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The suspension of Judge Chmielewski was unlawful

The suspension of Judge Chmielewski was unlawful.

On 7 February 2023 the Chamber of Professional Responsibility of the Supreme Court overturned the Disciplinary Chamber's January 2022 decision to indefinitely suspend Judge Chmielewski. The Chamber ruled that Judge Krzysztof Chmielewski of the Regional Court in Warsaw could not be suspended for implementing the judgments of the ECtHR and the CJEU. It therefore overturned the January 2022 decision of the illegal Disciplinary Chamber to suspend him indefinitely. The IOZ stressed that the Disciplinary Chamber was not a court in the light of the judgments of the European Courts.

You can read more about this here : https://www.iustitia.pl/postepowania-dyscyplinarne/4632-zawieszenie-sedziego-chmielewskiego-bylo-bezprawne 

The Voivod Administrative Court ruled that the suspension of the judge for the ruling issued was unlawful.

The judge overturned the lower court's ruling because the judge was a person appointed (by the President) at the request of the politicised NCJ. She was charged with challenging the judge's status and the president of the court ordered a one-month recess.

The Voivod Administrative Court in Gdańsk held that it could review the president's order for a break as it was an act of public administration. This is because the president of the court himself acts in this arrangement as an administrative authority and the judge is not subordinate to him in his official capacity.

The administrative court stated that it is impermissible to discipline a judge for her adjudicatory activity, including for examining the correctness of the composition of the court. Such an action is incompatible with the requirements of the rule of law and the independence and irremovability of judges.

For more information see https://www.iustitia.pl/postepowania-dyscyplinarne/4634-zawieszenie-sedzi-za-wydane-orzeczenie-bylo-nielegalne-tak-orzekl-wojewodzki-sad-administracyjny-w-gdansku