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Disciplinary action for expressing the position of the Supreme Court? For what Duda's spokesman wants to prosecute Gersdorf

Disciplinary action for expressing the position of the Supreme Court?

For what Duda's spokesman wants to prosecute Gersdorf.

In a letter to the President of the Constitutional Court [CC], Małgorzata Gersdorf presented the Supreme Court's position regarding the proceedings pending before the CC. She now faces disciplinary action for it. It is being conducted by Piotr Schab, chief disciplinary commissioner of common court judges, appointed to this position by Zbigniew Ziobro. In June, Andrzej Duda additionally made him his "extraordinary disciplinary commissioner".

That is, a prosecutor appointed by the president to pursue pointing the commissioner, Duda demanded investigative activities in the case of Małgorzata Gersdorf, the former first president of the Supreme Court and now a retired judge. In October, Piotr Schab summoned her to give an explanation of her "actions as First President." According to Duda's commissioner, Gersdorf "violated the institution of mandatory suspension of proceedings before the bodies pending a competence dispute". To put it simply: she failed to comply with a provision of the Law on the Constitutional Court, which orders to suspend proceedings of state bodies which are in dispute concerning their competence to adjudicate the same case.

"Article 86 of the Act existed by operation of law. I assess the ignoring of this effect as a likely disciplinary tort," he added. The letter literally contains two sentences. Gersdorf informed that "there is no competence dispute between the Sejm and the Supreme Court and between the President and the Supreme Court.

After reviewing Małgorzata Gersdorf's explanations, Piotr Schab will decide whether to present her with disciplinary charges. The pro-government website wPolityce has already written that Gersdorf will receive the charges.

Original text _ wyborcza.pl