Resolution of the National Board of the Polish Judges Association Iustitia concerning the case of judge Piotr Gąciarek

The Association of Polish Judges Iustitia finds that the decision given by Piotr Schab the President of the Regional Court in Warsaw ordering an immediate interruption of the judicial duties of Piotr Gąciarek a judge of the Regional Court in Warsaw (we write about it here: https://www.iustitia.pl/postepowania-dyscyplinarne/4242- judzia-piotr-gaciarek-was-removed-from-adjudication-by-the-nominate-minister-zbier-piotr-schab) is another manifestation of repression and striving for complete subordination of the judicial system in Poland by the ruling political camp and thus ensuring itself the power remaining beyond any control.
Judge Piotr Gąciarek, refused to adjudicate in a panel with a person appointed to the position of a judge with the participation of the neo-NCJ. Gąciarek referred to a number of legal arguments and court rulings, in particular, he pointed out that the Court of Justice of the European Union in its judgment of 02/03/2021 (C-824/18) stated that that the present National Council of the Judiciary is not an independent body capable of initiating the nomination procedure for judicial positions. The CJEU assessed the neo-NCJ in a similar way in its judgment in case C-791/19 of July 15, 2021. Moreover, the European Court of Human Rights in Strasbourg in the case of Reczkowicz v. Poland (application no. 43447/19) stated in its judgment of July 22, 2021 that, in the context of the procedure of the nomination of judges, the National Council of the Judiciary did not provide sufficient guarantees of independence from the legislative and executive authorities.
The current ideas of the Minister of Justice, so far actively supported by his generously paid assistants, including - regrettably - judges, have led to an almost complete erosion of the rule of law and the deepening international isolation of Poland. Chaos has become a hallmark of the currently created system in which human rights are not respected and legal certainty does not exist. Social trust in institutions and in the state has been undermined to an extreme degree. The guilty of this state of affairs dress in the robes of defenders of order, contributing to its destruction by harassing honest judges and replacing them with obedient and passive tools in unlawful procedures devised on purpose, so that the recruitment process for the posts of judges would ensure not impartiality in the administration of justice, and compliance or even servility towards political power. There is no room for human rights or justice in such a system. By repressing judges who fulfill their duty, they defend not the rule of law, but the state of their own property, which they achieved thanks to assisting the political authority in destroying the judiciary and social control.
We constantly support all repressed judges and we will do so each time.
We call for the cessation of the instrumental use of disciplinary proceedings that are contrary to the Polish Constitution and international conventions and legal standards, and for dismissing judges from judicial obligations for defending the principles. These judges are guided by honesty and a sense of duty as well as service ethics, and not immediate personal benefits, contrary to the beneficiaries of the so-called "good change" (ruling party`s slogan justifying all changes introduced in Poland after 2015).