The President of the Supreme Court of Poland Judge Józef Iwulski is suspended by the Disciplinary Chamber, notwithstanding unambiguous rulings of the Court of Justice of the European Union and a similar motion of the European Commission. Judges for Judges endorses the statements issued on this ‘resolution’ by the National Board of the Polish Judges Association Iustitia and 74 Supreme Court Judges.
Polish Judges Association ‘Iustitia’
‘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 (CJEU) 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.’
Supreme Court Judges
‘In connection with the adoption of a “resolution” by the Disciplinary Chamber on July 2, 2021, on the consent to prosecute Józef Iwulski the Supreme Court Judge, we hereby declare:
- Pursuant to the resolution of the three joint Chambers of the Supreme Court of 23 January 2020 and the broad legal argumentation presented therein, the Disciplinary Chamber is not a court within the meaning of the Constitution of the Republic of Poland, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Treaty on European Union.
- According to art. 181 of the Polish Constitution, the waiver of the immunity of any judge may take place only with the consent of an independent and impartial court.
As a consequence, we are convinced that as long as the prosecutor’s motion to waive the immunity of a judge is not examined by an independent court, there is no legal decision in the matter which is the subject of this motion.’