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The legitimacy of this college has been rejected by the Supreme Court itself, which has declared that “it is incompatible with national and European Union legislation.” The Court of Justice of the European Union (ECJ) has previously ordered the suspension of the new disciplinary regime for Polish judges, writes “Notes from Poland”.
An ECJ judge told the Polish media that the Warsaw District Court verdict against Tuleya was “illegal” as the Disciplinary Board had to be suspended.
Reuters / Photo by Scanpix / Court of Justice of the European Communities
Tuleya, who had previously said that these authorities did not consider it lawful and would not recognize his decision, confirmed the position and heard the verdict. Promising to continue his professional career, he said: “No political court can forbid me to judge. I am a European judge. “
Gazeta Wyborcza writes that the next day Tuleya’s cases were removed from the judicial calendar and he was not allowed to enter the courtroom.
The verdict of the Disciplinary Chamber opens the way for I. Tuleya to initiate criminal proceedings against the prosecutors for a political case. In it, Tuleya rendered a verdict against the ruling coalition.
Opposite PiS
According to Notes of Poland, in 2017, Tuleya overturned prosecutors’ decision to end the probe into the annual government budget allegedly illegally adopted in parliament.
The spokesman for the Lower House of Parliament, a member of the ruling Law and Justice Party (PiS), later ordered that the vote not take place in the ordinary House, as it had been occupied by opposition parliamentarians in protest.
After the vote, opposition MPs approached prosecutors about possible restrictions on attending the impromptu session and expressed doubts that the required quorum had been reached.
Prosecutors still dismissed the case, but Tuleya reversed their decision, saying the investigation should continue, and 230 lawmakers, mostly from the ruling coalition, had given false testimony. Prosecutors still closed the case in 2018, writes Notes of Poland.
Prosecutors now allege that by allowing journalists to attend and record his trial, Tuleya revealed the details of the case to the public. This is the basis for initiating the criminal proceedings of I. Tulyeos for exceeding his authority and illegally disclosing information.
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However, I. Tuleya and his supporters in the judiciary claim that he had the right to hearings open to the public. He claims that the charges against him are politically motivated. Prosecutors are accountable to Attorney General Zbigniew Ziobro, who, while also serving as Minister of Justice, is responsible for government policy in the judiciary.
Tuleya is one of the most famous judges in Poland, opposed to the government’s attempt to reform the judiciary. International institutions and experts consider this reform to be a violation of the rule of law. Lithuanian judges have also expressed concern about the reform..
At the beginning of this year The Disciplinary Chamber of the Supreme Court rejected Tuleya’s request to waive Tuleya’s immunity. But prosecutors appealed the verdict, which was ultimately overturned. Not only was Tuleya’s immunity revoked and his activities suspended, but his salary was also reduced by a quarter.
“I can appeal against the ruling to Europe. It has not defended the independence of the judiciary in Poland. It has not defended the independence of Polish judges.” You have allowed the destruction of the rule of law in Poland, “Tuleya told Reuters after hearing the verdict.
AFP / Photo by Scanpix / Sponsors of Igor Tuleya
Previously, a judge’s waiver of immunity claims would be heard in the Judicial Disciplinary Court of the Court of Appeal. However, according to the new disciplinary system developed by the PiS-led government, this task falls to the Discipline Chamber of the Supreme Court, writes Notes of Poland.
The College was established as part of the reform of the PiS Judicial Branch, with all its members appointed by the National Council of Judges (CRS), which was also reformed by PiS. According to the Supreme Court, this National Council of Judges “is not an impartial and independent body.” The Supreme Court states in its ruling that the CRS has appointed judges to the Disciplinary Board who are “closely associated with the legislature and the executive.”
Earlier this year, the Disciplinary Board gained new powers, now allowing it to punish judges who challenge the government’s judicial reform and engage in vague “political activities.” This decision has been criticized by the EU institutions, the Organization for Security and Cooperation in Europe (OSCE), the Council of Europe and the United Nations.
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In January of this year, the European Commission asked the ECJ to suspend the provisional measures Board of discipline before a final conviction. In April, the ECJ confirmed the EC’s argument that the Polish disciplinary system could “cause serious and irreparable damage to the EU legal order”.
Poland, along with Hungary, is blocking the European Union’s euro budget for 2021-2027 and 750 billion euros. approval of a package of financial instruments for the pandemic. The parties do not agree that the payment of funds should be linked to the obligation of the Member States to defend the rule of law and democracy.
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