Polish Judges Association Iustitia' s position - 27 of May 2020
The Polish Judges Association "Iustitia" would like to point out that after the termination of the office of prof. Małgorzata Gersdorf as the First President of the Supreme Court there were actions taken to disregard the binding force of the provisions of the Court of Justice of the EU in Luxembourg of April 8, 2020 (C-791/19 R). These activities are the Supreme Court new First President to let the Disciplinary Chamber to adjudicate in cases concerning the waiver of judicial immunity, despite the fact that the application of the provisions providing for the competence of this Chamber in cases concerning disciplinary liability of judges was suspended by CJEU. Therefore, the Chamber does not currently adjudicate on matters of minor judicial misconduct, but it claims to be entitled to adjudicate in other cases, e.g. for waiver of immunity of judge Igor Tuleya in connection with his judgment. Judge Tuleya`s hearing has now been scheduled for June 9, 2020. Waiver of immunity of a judge entails far-reaching consequences in the sphere of judicial service, as the court adjudicating it may suspend such a judge and reduce his remuneration by 25 to 50%. Therefore, all arguments for preventing the adjudication in disciplinary cases of judges are therefore even more justified in cases for waiver of immunity. We would like to remind you that the Polish prosecutor's office is subject to political leadership, is not independent, and in the case of prosecution of inconvenient independent judges, the office manifests extraordinary activity, and the investigations take extremely long and unsuccessful cases regarding the scandals related to people working for the Ministry of Justice. This selective treatment of the ruling of the Court of Justice of the EU by persons in charge of the Supreme Court whose political past is widely known is a continuation of the political strategy of destroying the independence of the judiciary and mocking the power of European institutions. We warn you that the consequences will affect all Poles. We expect the European institutions to understand that these activities are not aimed at raising the rule of law standards and are part of the political plan that has been implemented for several years.