2 july 2021
The National Board of the Polish Judges Association "Iustitia" resolution
on the waiver of the immunity and suspension of judge Józef Iwulski
the President of the Labour and the Social Security Chamber of the Supreme Court, by the illegal Disciplinary Chamber
Today, three former prosecutors Małgorzata Bednarek, Jarosław Duś and Adam Roch, appointed by the politicized National Council of the Judiciary and the President of the Republic of Poland to the Disciplinary Chamber located in the Supreme Court building, have made an unlawful decision to waive the immunity and suspend Józef Iwulski the President of the Supreme Court.
The pretext for this is the case in which Judge Józef Iwulski ruled 40 years ago. The real goal to achieve is to eliminate him and to take over the cases recognized by the Supreme Court by persons interested in the outcome of the cases, in which they were sued to establish that those persons were illegally appointed to the posts of Supreme Court judges. It is in these cases that the Chamber of the Supreme Court, headed by President Józef Iwulski, asked the Court of Justice of the European Union with legal questions, and the effect of the current actions is to destroy the effects of the CJEU judgments.
A few months ago, the illegal Disciplinary Chamber resumed action in both disciplinary and immunity cases of judges. This happened despite the CJEU ruling securing the proceedings, prohibiting the Disciplinary Cases to conduct of these cases, another motion of the European Commission in this regard, and contrary to the rulings of the CJEU and the resolution of the three joint chambers of the Supreme Court of January 23, 2020 July 2021 min. in cases reference number no. I DI 30/21, I DI 32/21.
The continuation of the illegal activities of the Disciplinary Chamber once again confirms the need for faster decision-making by Polish and European authorities, which are responsible for ensuring the rule of law in Poland and Europe.
The Association of Polish Judges "Iustitia" reminds that all judges of the Supreme Court are bound by the resolution of the combined three Chambers of the Supreme Court of January 23, 2020 in the case file no. BSA I-4110-1 / 20 and therefore cannot respect the decisions of the illegal Disciplinary Chamber.