of the National Board of the Polish Judges Association IUSTITIA
following the recognition of the motion to waive the immunity of Judge Beata Morawiec by the Disciplinary Chamber of the Supreme Court
On October 12, 2020, Adam Tomczyński, unjustifiably claiming the power to issue judgments of behalf of the Supreme Court, stated that he has lifted the immunity of judge Beata Morawiec. We are convinced that no independent court or judge will find that such a semblance of a Supreme Court`s judgment allows proceedings to be conducted with the participation of a judge covered by constitutional protection. The decision is a clear example of what the politicization of the National Council of the Judiciary and the political changes in the Supreme Court led to. Today, with the help of his supporters in key positions in the judiciary and the prosecutor's office, Zbigniew Ziobro Minister of Justice can implement his vendetta against people who have ever stood in his way. Judge Beata Morawiec "dared" to sue him for his words that were slandering towards her and won the trial in the first instance. That is why she is facing not only media lynch and smear campaign but also criminal proceedings based on dubious evidence.
Mr. Adam Tomczyński showed a lack of understanding of the essence of immunity, while stating that the prosecutor's office would not be able to clarify the matter without his decision. His ruling stigmatizes judge Beata Morawiec, prevents her from adjudicating and deprives her 50 % of her salary. Therefore, the view presented by Tomczyński cannot be accepted that this decision is only an introduction to the explanation of prosecutor's charges. We will support Judge Beata Morawiec so that she has the right to a fair trial, free from political pressure.
The use of the Disciplinary Chamber and the prosecutor's office to implement the plan of his own retaliation by the Minister of Justice against persons who did not want to comply with him should meet the immediate reaction of the European Commission. Existing measures are either ineffective or should be vigorously enforced.
The effects of actions that violate European values and rules will affect the Polish government, and indirectly all citizens. The actions of European institutions are currently the only way to suppress the growing political appetite for making Polish courts a mock-up of real courts, guaranteed by European treaties. This is already seen by European courts, which suspend judicial cooperation with Poland. The Poles themselves who would want to claim their rights against people residing in other EU countries will feel it soon. In a moment, law-suits for alimony, divorce or compensation may meet with the same refusal of enforcement as it appears in cases for the execution of a European arrest warrant. In order to protect the interests of Polish citizens, the Polish state should follow all recommendations of the European Commission in the field of the rule of law. Today we are talking about it aloud, because when the real consequences of the Minister of Justice actions are about to appear soon, not only those who carried out these actions will be responsible for it, but also those who could have prevented them and did nothing.