In the interests of the proper functioning of the Polish justice system as the common good of all Poles, the Assembly of the Representatives of Judges of the Region of the Regional Court in Łódź:
- in connection with the information appearing in public space about cases of the Disciplinary Representative of the Ordinary Courts summoning members of the Association of Polish Judges, “Iustitia”, in particular judges Krystian Markiewicz, Bartlomiej Przymusiński and Igor Tuleya, to provide explanations and give evidence in disciplinary proceedings regarding their critical statements in the media about the legality and the method of operation of the current National Council of the Judiciary, as well as the changes made in the justice system:
- categorially protests about the use of judicial disciplinary proceedings not to prosecute actual misconduct of judges (which should be the objective of such procedures) but to suppress reasonable criticism in this way and cause a “freezing effect” in order to stop other judges from further questioning the legality of the steps taken to limit the sovereignty of the courts and the independence of the judges;
- in connection with the recent compulsory transfer of the former spokesman of the National Council of the Judiciary, Regional Court Judge in Kraków, Waldemar Żurek, from his division to date to a division of the first instance:
- expresses its full solidarity with Judge Waldemar Żurek, considering the circumstances of his transfer to the new division as being unlawful, insufficiently justified substantively and clearly indicating his repression for his fervent activities to date in support of the sovereignty of the courts and the independence of judges;
- in view of the fundamental significance of the Supreme Court to the entire Polish justice system and the general public:
- particularly critically assesses the method of proceeding to date by the current National Council of the Judiciary when selecting candidates to posts of Supreme Court judges, acknowledging its actions as excessively hasty, insufficiently careful and transparent, and simultaneously clearly leading to favourising candidates on the basis of political instead of substantive criteria; it therefore calls on the members of the National Council of the Judiciary to consider resigning from their office because, apart from the reservations to date regarding the constitutionality and legality of the selection of “judges” to the Council, its present mode of work leads to the assessment that it is unable to deal with the responsible task of issuing opinions on candidates for vacant judicial positions in the Supreme Court and the Supreme Administrative Court, as well as the ordinary courts and administrative courts;
- appeals to the President of the Republic of Poland, Andrzej Duda, to consider refraining from appointing new judges to the Supreme Court until such a time that all existing legal doubts as to the constitutionality and legality of operation of the current National Council of the Judiciary and the changes made to the Supreme Court are clarified;
- obligates the President of the Regional Court in Łódź to send this resolution to the Chancellery of the President of the Republic of Poland, the Ministry of Justice and the National Council of the Judiciary and to post it on the Court’s website because the familiarisation of the public with the position of the self-government of judges of the Łódź region lies in the public interest and serves the needs of the citizens who, in accordance with Article 45 of the Constitution of the Republic of Poland have the right to be heard by an impartial and an independent court.