The epidemic stops the judges' repression only for a moment
The hearing at the Disciplinary Chamber scheduled for March 20 for waiver of immunity of judge Igor Tuleya will not take place. This is the result of the decision of prof. Małgorzata Gersdorf the First President of the Supreme Court, who canceled all the hearings due to epidemic spread.
"We have no delusions that the disciplinary system has slowed down only for a moment. We expect a new date to be set at any time, "says prof. Krystian Markiewicz, president of “IUSTITIA” the Polish Judges Association.
"Only the order of the Court of Justice of the EU regarding provisional measures can cease the activities of the Disciplinary Chamber. Rendering the ECJ verdict is urgent and urgent, "emphasizes prof. Krystian Markiewicz.
Judge Igor Tuleya is in the crosshairs of the prosecutor's office after he ordered prosecutor to investigate parliamentary voting in the column hall (the voting outside the main hall of Parliament, in which only the ruling majority attended). The judge stated that some PiS deputies could have given false testimony. He announced his decision in this matter explicitly. The prosecutor's office now accuses him of having broken the confidentiality of the investigation, although the provision allows the court to make a decision on public hearing. The prosecution wants to waive the judge's immunity in order to be able to bring criminal charges.
The decision on waiving immunity is to be taken by the Disciplinary Chamber. The chamber is dominated by associates of the Minister of Justice Zbigniew Ziobro, there are many former prosecutors and all of them were elected by the politicized National Council of the Judiciary.
In January, three joint chambers of the Supreme Court resolved that the judges of the Disciplinary Chamber should not adjudicate, because they were nominated in a way not to guarantee independence. However, the Chamber did not stop its activities.
In their statement the judges – members of the National Board of the Polish Judges Association "IUSTITIA" indicate that only a solidarity attitude of lawyers and European institutions will contribute to the restitution of the rule of law and emphasize the urgent need for a ruling by the Court of Justice of the EU in a case started by the European Commission (Case C-791/19).