Opole 02/12/2019
Resolution 1
The General Assembly of Judges of the Opole Region fully supports the joint demands of the associations of judges:
- to immediately reinstate Judge Paweł Juszczyszyn to office to continue adjudicating;
- to appoint an apolitical National Council of the Judiciary;
- to liquidate the political system of repression of judges, namely to dissolve the Disciplinary Chamber of the Supreme Court and dismiss the Disciplinary Commissioner of the Ordinary Court Judges, Piotr Schab, and his deputies, Michał Lasota and Przemysław Radzik;
- to assure citizens of the right to an independent trial in those cases in which the membership of the adjudicating panel is found to be defective as a result of the involvement of the neo-NCJ in the nomination procedures;
- for the legislative and executive authorities to respect and fulfil the judgments of the Polish and European courts, including the ruling of the CJEU of 19 November 2019.
Resolution 2
In connection with the wording of the ruling of the Court of Justice of the European Union dated 19 November 2019 in joined cases C-585/18, C-624/18 and C-625/18, the General Assembly of Judges of the Opole Region refrains from giving opinions on candidates for judicial offices until a decision is made by the Supreme Court on whether the body currently operating as the National Council of the Judiciary satisfies the conditions of independence from the political power, as specified in the above ruling.
The Assembly appeals to the President of the Regional Court in Opole not to present candidates to the Assembly and the National Council of the Judiciary. It appeals once again for candidates to withdraw from the application procedures. The Assembly appeals to anyone whose status as judges gives rise to doubts about refraining from adjudicating.
Resolution 3
We consider the actions of the disciplinary commissioner, Piotr Schab, and his deputies Michał Lasota and Przemysław Radzik, which are being taken against judges who oppose the destruction of the independence of the judiciary, to be shameful and incompatible with the judicial oath and serve the purpose of satisfying the expectations of the political authorities.
We express our full support for the Opole Judges, Monika Ciemięga and Katarzyna Kałwak, who were slandered by the haters connected with the Ministry of Justice.
We fully sympathise with Judge Irena Majcher, with respect to whom the prosecution office is taking action and demanding the waiver of her immunity in connection with her judicial activity. These actions are affecting the judge’s state of health.
Resolution 4
Further to the judgment of the CJEU of 19 November 2019, we refuse to elect representatives to the General Assembly of the Wrocław Appellate Judges, acknowledging the appointment to the office of regional court judges to be doubtful, thereby freeing up places for representatives of the district courts.