17/09/2019 Resolution of the National Board of the Polish Judges Association "IUSTITIA" on the appeal to the body acting as the National Council of the Judiciary

Considering the facts, that:

  1. members of the National Council of the Judiciary (NCJ) were elected in violation of the Constitution of the Republic of Poland and European standards, by unacceptable shortening the term of office of judges – members of the Council (resulting in proceedings before the European Court of Human Rights) and political election of new members by members of the parliament from Law and Justice (PiS) and Kukiz'15 political parties. Soon after that Polish NCJ was suspended in the European Network of Councils for the Judiciary (ENCJ) and finally it was confirmed in the opinion of the Advocate General of the Court of Justice of the European Union;
  2. the election of judges – members of the NCJ was done contrary to the Act on the National Council of the Judiciary, in the lack of the required number of supporting votes in case of at least one of the members of the body acting as NCJ - Maciej Nawacki, whose status is examined by common courts; (it should be noted, that according to the new rules, a judges, who wanted to become a member of ENJ, should have to present a list of at least 25 supporting judges. In case of judge Nawacki he presented a list of 28 supporters and 4 judges withdrew their signatures before delivering the list to the Chairperson of the Parliament. It was also revealed, that M. Nawacki signed his own list of supporting judges)
  3. a final judgment of the Supreme Administrative Court regarding disclosure of a list of support for the members of the abovementioned authority is breached;
  4. competitions for the positions of judges conducted by this body are often fictitious and stricte political. It was confirmed during the hearings lasting a few minutes of candidates for the positions of Supreme Court judges – with a result known in advance;
  5. this body does not obey to decisions of the Supreme Administrative Court suspending the competition for the post of a Supreme Court judge;
  6. judicial self-government is being destroyed, as evidenced by numerous competitions for the positions of judges of common courts despite refraining from giving opinions on candidates by judicial assemblies throughout Poland;
  7. Chairman Leszek Mazur lost his authority over numerous irregularities in the conduct of the meeting and ambiguities regarding his property declarations;
  8. several members of this body are involved in the organized hate campaign, described in media as a "troll farm" against the judges fighting for the rule of law
  9. NCJ member Jarosław Dudzicz , who is also the president of the Regional Court in Gorzów Wielkopolski, appointed in 2017 by the Minister of Justice Zbigniew Ziobro, presented publicly scandalous, anti-Semitic views on which the prosecutor's office has been conducting proceedings for 4 years;
  10. the body acting as the National Council of Judiciary which is supposed to be a safeguard of the independence of judges and the independence of the courts, does not defend the rule of law, and is an important link in the system of its destruction;

We strongly demand to suspend all competitions for the positions of judges immediately. We also urge the judges selected for the abovementioned body by the Parliament to resign, It will allow these judges to preserve the dignity of the office of judge and will be the basis for the election of judges to the Council in accordance with the Constitution and European Union law, while at the same time will let to avoid legal chaos and provide citizens the legal security.