Resolution of 6 September 2018 of the Board of the Union of Polish Judges IUSTITIA regarding the statements of Maciej Nawacki

Ladies and Gentlemen

I present you the resolution of the 6 th September 2018 of the Board of the Association of Polish Judges IUSTITIA on Maciej Nawacki’s statement made on the television on 28th August 2018.

On the 28th of August 2018 judge Maciej Nawacki during a television interview claimed that the justices of the Supreme Court of Poland “break the law” and “will meet with adequate response”, because “if someone breaks the law in a blatant way, violates the Constitution, he will meet disciplinary responsibility at least”.

Polish judiciary is outraged by this statement. It violates ethical standards which each judge, especially a member of the National Council of the Judiciary is expected to meet. It has been received by the judges as a threat of disciplinary proceedings even though the judicial environment asserts that there is no reason to initiate the disciplinary proceedings since justices of the Supreme Court did not act in the way judge Maciej Nawacki mentioned.

Additionally, imputing gross violation of the Constitution to the Supreme Court justices infringes their good reputation that is their necessary attribute.

The Association of Polish Judges IUSTITIA expects the National Council of the Judiciary to condemn (under Section 3(1)(5) of the Act on The National Council of the Judiciary) the statement made by judge Nawacki as a groundless attack on the justices of the Supreme Court infringing their good reputation and unethical behaviour towards his peers.

 

Deputy President of the Association of Polish Judges IUSTITIA

Tomasz Marczyński