Foreword

Dear readers, we are presenting to you the third edition of the report, which contains a list of Polish judges who were prosecuted on disciplinary charges for attempts to implement the landmark judgment of the CJEU of 19 November 2019 (C-585/18) in the AK case, or who publicly called for the implementation of the recommendations contained in that judgment.

You should not be confused by the fact that some of these judges are being prosecuted for alleged disciplinary torts committed before the CJEU ruling. This applies to judges who, anticipating the future ruling of the CJEU, questioned the independence of the neo-NCJ and the judges appointed with its participation even before it was issued. The fact that the wave of disciplinary proceedings started shortly after the CJEU ruling was issued clearly indicates that the objective of the disciplinary, legislative and factual measures described in the report is to prevent the implementation of EU law by the Polish courts.

According to the report, in order to prevent the execution of the CJEU ruling in the AK case, the Polish government started a real witch hunt against judges, in which the role of the ‘Holy Inquisition’ is played by the Disciplinary Chamber of the Supreme Court (which, in this context, suspended Judge Juszczyszyn from office), the role of the inquisitors is played by the central disciplinary commissioners, and the role of the ‘Hammer of Witches’ is played by the muzzle act, which prohibits judges from questioning the legal status of the neo-NCJ and the judges appointed with its participation under the threat of ‘professional death’. This witch hunt is being conducted with a smear campaign, as functional judges and public prosecutors were given written instructions to denounce judges who implement the AK ruling. The only functional prosecutor who refused to denounce a judge was immediately demoted.

It is significant that, while the first publication of the report  on 11 January 2020, contained the names of ten repressed judges, the second version of the report, which was updated as at 28 May 2020, listed the names of eighteen repressed judges, while the current update contains the names of twenty-one (thirty-five together with the postscript) persecuted judges. Moreover, not only is the submission of a legal question to the Polish Supreme Court or to the CJEU sufficient reason to initiate disciplinary proceedings, but so is even putting up a poster calling for the enforcement of the AK judgment. This shows that the current ruling camp in Poland is very determined to prevent the implementation of EU law by courts.

The methods of intimidation used by the government proved to be effective, as, out of more than 2000 judges from the Polish appellate courts, only two[1] dared to conduct a test of independence of newly appointed judges, in accordance with the resolution of the Supreme Court of 23 January 2020 (implementing the ruling of the CJEU in the AK case).

If the events described in the report are insufficient to immediately take further decisive steps by the European Commission, which is, after all, the guardian of the treaties, it is difficult to imagine what could inspire this body to take any action.

[1] https://prawo.gazetaprawna.pl/artykuly/1498994,ustawa-kagancowa-badanie-powolan-sedziow-krs.html

Full text of Report see below

wer_Response-of-Polish-authorities-to-CJEU-judgement_wer11_01_2020_FC_wer-1_RW_201220 (2)