Six bold resolutions of the Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw of 20 September 2018.

 

Resolution 1

of the Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw

Further to the candidates for the positions of regional court judges in the region of the Regional Court in Warsaw issuing their opinions regarding the open letter from prof. dr hab. Adam Strzembosz and prof. dr hab. Andrzej Zoll published on 7 March 2018 in the Rzeczpospolita daily newspaper, as well as with reference to the resolution of the Supreme Court 30 August 2018 (III PO 7/18) to request the Court of Justice of the European Union to issue a prejudicial ruling, the Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw points out that the method of forming a part of the membership of the National Council of the Judiciary through the appointment by the Sejm of 15 judges gives rise to serious reservations as to its compliance with the Constitution of the Republic of Poland and EU standards.

Given that, in the future, the validity of the resolutions passed by the said body may be contested, while the appointments to the office of judge may be verified, we request the members of the current National Council for the Judiciary to at least refrain from passing resolutions until the time that the Court of Justice in Luxembourg issues its ruling in order to protect the interests of the citizens.

The Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw obligates the President of the Regional Court in Warsaw to, no later than 27 September 2018:

• post this resolution on the Court’s website, because making the public aware of the position of the self-government of judges of the region of the Regional Court in Warsaw is in the public interest and serves the needs of citizens who, in accordance with Article 45 of the Constitution of the Republic of Poland have the right to an impartial and independent court hearing;
• present the resolution to the following bodies: the President of the Republic of Poland, the Speakers of the Sejm and Senate of the Republic of Poland, the Prime Minister, the Minister of Justice, the First President of the Supreme Court, the Polish Ombudsman, the President of the Supreme Administrative Court, the Chairperson of the National Council of the Judiciary, the Presidents of the Courts of Appeal and the Regional Courts, the Chairperson of the National Council of Prosecutors, the President of the Supreme Bar Council, the President of the National Council of Legal Advisors, the President of the National Council of Notaries Public.

FOR: 53

AGAINST: 3

Resolution 2

of the Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw

I. The Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw expresses its protest with respect to the acts of the legislative power that led to the suspension by the European Network of Councils for the Judiciary (ENCJ) of the membership of the Polish National Court of the Judiciary of this organisation as a result of the conclusion that the Polish National Council of the Judiciary no longer satisfies the requirements of independence of the executive power, and calls on the legislative power to urgently take up a legislative initiative in order to eliminate the shortcomings identified by the European Network of Councils for the Judiciary in the constitutional position of the Polish National Council of the Judiciary.

II. The Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw expresses its conviction that work on restoring the ability of the Polish National Council of the Judiciary to operate in accordance with the standards of the European Network of Councils of the Judiciary will constitute reasonable grounds for the Polish National Council for the Judiciary to recover the rights of membership of this organization and will remove the offensive judgment from Polish judges about their involvement in dubiously democratic activities undertaken within the framework of the administration of justice.II.The Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw calls on the judges, the members of the National Council of the Judiciary:

1. Dariusz Drajewicz, judge of the District Court for Warszawa-Mokotów in Warsaw;
2. Jędrzej Kondek, judge of the District Court for the Capital City of Warsaw;
3. Maciej Mitera, judge of the District Court for Warszawa-Śródmieście in Warsaw;
4. Leszek Mazur, judge of the Regional Court in  Częstochowa;
5. Jarosław Dudzicz, judge of the District Court in Słubice;
6. Grzegorz Furmankiewicz, judge of the District Court in Jasło;
7. Marek Jaskulski, judge of the District Court for Poznań Stare Miasto in Poznań;
8. Joanna Kołodziej-Michałowicz, judge of the District Court in Słupsk;
9. Teresa Kurcyusz-Furmanik, judge of the Voivodship Administrative Court in Gliwice;
10. Ewa Łąpińska, judge of the District Court in Jaworzno;
11. Zbigniew Łupina, judge of the District Court in  Biłgoraj;
12. Maciej Nawacki, judge of the District Court in Olsztyn;
13. Dagmara Pawełczyk-Woicka, judge of the District Court for Kraków-Podgórze in Kraków;
14. Rafał Puchalski, judge of the District Court in Jarosław;
15. Paweł Styrna, judge of the District Court in Wieliczka

to resign from membership of this body in connection with the suspension by the European Network of Councils for the Judiciary (ENCJ) of the membership rights of the Polish National Council of the Judiciary in this organisation as a result of finding that the Polish National Council of the Judiciary no longer satisfies the requirements of independence of the executive power.

The Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw expresses its conviction that the resignation of the said judges from membership of the National Council of the Judiciary will be construed by the European Network of Council for the Judiciary as an activity intended to restore the Polish National Council of the Judiciary as an organisation that meets the highest standards of operation of national justice administrations.

It should be considered unprecedented that, within just 5 months of its operation, the new National Council for the Judiciary appointed by politicians has destroyed the achievements of the previous Councils of the Judiciary, by failing to observe European standards and models of a democratic justice system of the Member States of the European Union.

The Polish National Council of the Judiciary, established within the structures of the ENCJ since 2004, has always played an important role. Its members have repeatedly held honourable and important functions, while the Council’s achievements in the area of independence of the courts and impartiality of judges served as an example for a number of coutries aspiring to join the elite of democratic states.

The irresponsible statements of people holding posts in the new National Council of the Judiciary about the lack of need to operate within or cooperate with the ENCJ are manifestations of not only ignorance of the objectives and tasks of this structure, which associates many councils of the judiciary of European countries, but also a lack of foresight as to the possible consequences of the new National Council of the Judiciary leaving these community structures.

The Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw obligates the President of the Regional Court in Warsaw to, no later than 27 September 2018:

• post this resolution on the Court’s website, because making the public aware of the position of the self-government of judges of the region of the Regional Court in Warsaw is in the public interest and serves the needs of citizens who, in accordance with Article 45 of the Constitution of the Republic of Poland, have the right to an impartial and independent court hearing;
• present the resolution to the judges of the district courts and the judges of the Regional Court in Warsaw, the judges of the Court of Appeal in Warsaw, the President of the Republic of Poland, the Speaker of the Polish Sejm and the Speaker of the Polish Senate, the European Network of Councils of the Judiciary and personally to the judges – members of the National Council of the Judiciary.

FOR: 53

AGAINST: 2

Resolution 3

of the Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw

The Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw recognises that the judges of the Supreme Court of the Republic of Poland, namely Supreme Court Judge Jacek Gudowski, Supreme Court Judge Józef Iwulski, Supreme Court Judge Wojciech Katner, Supreme Court Judge Jerzy Kuźniar, Supreme Court Judge Anna Owczarek, Supreme Court Judge Maria Szulc and Supreme Court Judge Stanisław Zabłocki, are still active judges of this judicial authority, in accordance with Article 180, para. 1 of the Constitution and Article 21 (1) of the Charter of Fundamental Rights of the European Union and their removal from office and their retirement took place in conflict with the constitutional principle of irremovability of judges and for reasons of age discrimination.

The Assembly also expresses its gratitude to the First President of the Supreme Court, Małgorzata Gersdorf, as well as the judges of the Supreme Court for their attitude to date, and for the actions taken publicly to defend the independence of the Supreme Court and the judicial impartiality of the judges of this Court.

The Assembly also objects to the actions of the President of the Republic of Poland, Andrzej Duda, who removed the active judges of the Supreme Court without waiting for the decision of the Court of Justice of the European Union regarding the compliance with EU law of the new provisions of national law setting out the principles of retirement of judges of the Supreme Court upon reaching the age of 65, which is inconsistent not only with EU standards, but also breaches the good name of the Justice Administration and the rights of parties to fast and efficient proceedings.

The Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw obligates the President of the Regional Court in Warsaw to:

• post this resolution on the Court’s website, because making the public aware of the position of the self-government of judges of the Regional Court in Warsaw is in the public interest and serves the needs of citizens who, in accordance with Article 45 of the Constitution of the Republic of Poland have the right to an impartial and independent court hearing;
• present the resolution to the following bodies: the President of the Republic of Poland, the Speakers of the Sejm and Senate of the Republic of Poland, the Prime Minister, the Minister of Justice, the First President of the Supreme Court, the Polish Ombudsman, the President of the Supreme Administrative Court, the Chairperson of the National Council of the Judiciary, the Presidents of the Courts of Appeal and the Regional Courts, the Chairperson of the National Council of Prosecutors, the President of the Supreme Bar Council, the President of the National Council of Legal Advisors, the President of the National Council of Notaries Public.

FOR: 51

AGAINST: 2

Resolution 4

of the Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw

The Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw expresses its adamant objection to the actions taken by the deputies of the Disciplinary Representative of the Judges of Ordinary Courts, and the Deputy Disciplinary Representative of the Regional Court in Poznań.

We consider acts such as:

1. demanding the submission of explanations in the procedure of the rules on disciplinary proceedings by judges Igor Tuleja, Bartłomiej Przymusiński and Monika Frąckowiak;
2. summoning judges Igor Tuleja, Bartłomiej Przymusiński, Krystian Markiewicz and Ewa Maciejewska as witnesses in connection with their involvement in the public debate or in connection with the content of the judgments that have been issued;
3. demanding the submission of the case files of cases heard by judges Olimpia Barańska, Ewa Maciejewska and Arkadiusz Krupa

to constitute the harassment of these judges for their involvement in a public debate, for speaking up in defence of the Constitution of the Republic of Poland and such values of the Constitution as the separation of powers, the independence of courts and impartiality of judges. In the case of judges Ewa Maciejewska and Igor Tuleja, the measures taken against them are also undoubtedly related to their judicial activity. The acts of the deputies of the disciplinary representative described above constitute an inadmissible attempt to intimidate the judiciary and aim to subordinate the courts and judges to the authority of the politicians, particularly the Minister of Justice.

The Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw calls on the deputy Disciplinary Representative of the Judges of the Ordinary Courts: Michał Lasota and Przemysław Radzik to discontinue such activities which undermine the independence of the courts and the impartiality of the judges.

The Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw also appeals to the acting Disciplinary Representative of the Judges of the Ordinary Courts of the Regional Court in Warsaw, Piotr Schab, and his deputies to refrain from such activities in the future.

None of the judicial functions performed releases a judge from personal liability for the actions taken.

The harassment of judges for their activity in defence of the most important values and for their adjudication is irreconcilable with the ethical requirements that every judge should satisfy.

The Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw reiterates that point (vii) of the Sofia Declaration on independence and accountability of the justice system, adopted by the European network of Councils for the Judiciary (ENCJ) provides that: “The prudent convention that judges should remain silent on matters of political controversy should not apply when the integrity and independence of the judiciary is threatened. There is now a collective duty on the European judiciary to state clearly and cogently its opposition to proposals from government which tend to undermine the independence of individual judges or Councils for the Judiciary.”

The Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw obligates the President of the Regional Court in Warsaw to:

• post this resolution on the Court’s website, because making the public aware of the position of the self-government of judges of the Regional Court in Warsaw is in the public interest and serves the needs of citizens who, in accordance with Article 45 of the Constitution of the Republic of Poland have the right to an impartial and independent court hearing;
• present the resolution to the following bodies: the President of the Republic of Poland, the Speakers of the Polish Sejm and Senate, the Prime Minister, the Minister of Justice, the First President of the Supreme Court, the Ombudsman, the President of the Supreme Administrative Court, the Chairman of the National Council of the Judiciary, the Presidents of Courts of Appeal and the Regional Courts, the Chairperson of the National Council of Prosecutors, the President of the Supreme Bar Council, the President of the National Council of Legal Advisors, the President of the National Council of Notaries Public, the Disciplinary Representative of the Judges of Ordinary Courts in Warsaw, Piotr Schaba, the deputies of the Disciplinary Representative of the Judges of Ordinary Courts: Michał Lasota and Przemysław Radzik, the Chairperson of the Group on proceedings of the Minister of Justice on disciplinary matters with respect to judges and court assessors.

FOR: 56

AGAINST: 0

Resolution 5

of the Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw

I. The Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw expresses its unambiguously critical assessment of the work of District Court Judge, Dariusz Drajewicz, in the post of Vice President of the Regional Court in Warsaw for Criminal Matters.

The year in which he served as vice president has shown that Judge Dariusz Drajewicz is unable to effectively and efficiently manage the criminal division of the largest Regional Court in Poland, or the criminal divisions of the district courts from the region of the Regional Court in Warsaw.

This is supported by such circumstances as:

• Judge Dariusz Drajewicz’s frequent and prolonged absence from work;
• a lack of ongoing cooperation with the chairmen of the criminal divisions of the Regional Court and presidents or vice presidents of the district courts responsible for the criminal divisions;
• devotion of a very significant amount of his own activity to work within the National Council of the Judiciary;
• a lack of effective action to ensure that the office of the chairperson of the 8th Criminal Division of the District Court in Warsaw is filled;
• the failure to develop a joint assignment of cases to the departments of the criminal division of the first instance;
• the lack of response to the declining level of staffing of the criminal division.

 

Judge Dariusz Drajewicz’s inactivity means that the judges of the criminal division, both functional and judges who do not have any functions, have no knowledge of the position of the Vice President of the Regional Court in Warsaw for Criminal Matters in the vast majority of pending cases, requiring arrangements, consultations and decisions to be made.

The Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw particularly critically assesses Judge Dariusz Drajewicz’s consent to his appointment to Examination Commission No. 3 for legal advisors at the Ministry of Justice with its seat in Warsaw in the situation in which he does not have enough time for the day-to-day management of the criminal division of the Regional Court in Warsaw.

In view of the above, the Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw requests the Minister of Justice, through the President of the Regional Court in Warsaw, to dismiss Mr. Dariusz Drajewicz from the office of the Vice President of the Regional Court in Warsaw for Criminal Matters, in the procedure of Article 36, in conjunction with Article 27, para. 1, items 1, 2 and 3 of the Act on the system of ordinary courts, as the annual period of holding this position has clearly shown that Judge Dariusz Drajewicz is unable to perform the functions entrusted to him effectively, efficiently and in accordance with the interest of the Justice Administration.

 

II. In view of the above, the Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw also requests the President of the Court of Appeal in Warsaw to request the Minister of Justice to dismiss the Regional Court Judge Dariusz Drajewicz’s appointment to adjudicate at the Court of Appeal in Warsaw.

The Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw obligates the President of the Regional Court in Warsaw to:

• post this resolution on the Court’s website, because making the public aware of the position of the self-government of judges of the Regional Court in Warsaw is in the public interest and serves the needs of citizens who, in accordance with Article 45 of the Constitution of the Republic of Poland have the right to an impartial and independent court hearing;
• present the resolution to the following authorities: the Chairperson of the National Council of the Judiciary, the President of the Court of Appeal in Warsaw, the President of the Regional Court in Warsaw, the Vice President of the Regional Court in Warsaw for Criminal Matters, the Presidents of other Courts of Appeal, the Presidents of the District Courts in the Region of the Warsaw Regional Court and the Minister of Justice.

FOR: 50

AGAINST: 1

 

Resolution 6

of the Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw

1. The Assembly of Representatives of the Judges of the Region of the Regional Court in Warsaw appeals to the judges delegated to courts of a higher instance to consider formulating the motions referred to in Article 47b § 5 of the Act on the system of ordinary courts, namely to be released of the obligation to hear cases assigned in the previous place of work, in particular by taking into account the situation of the home division and court, as well as the level of progress in the cases being heard.
2. The Assembly requests the Council of the Regional Court in Warsaw and the Council of the Court of Appeal in Warsaw to take into account the situation in both the judge’s new and previous place of work when making decisions regarding the change of place of adjudication of judges, including, in particular, the level of progress in the cases being handled by the given judge at the time of receipt of the motion to release him from the obligation to hear cases assigned in the previous place. Both the good of the justice system, understood as the effectiveness of proceedings, and the good of the citizens, who want to be granted fast and effective legal protection, require a detailed analysis and the careful release of judges from the obligation to end cases.

The Assembly of Representatives of the Judges of the region of the Regional Court in Warsaw obligates the President of the Regional Court in Warsaw to, no later than 27 September 2018:

• post this resolution on the Court’s website, because making the public aware of the position of the self-government of judges of the region of the Regional Court in Warsaw is in the public interest and serves the needs of citizens who, in accordance with Article 45 of the Constitution of the Republic of Poland have the right to an impartial and independent court hearing;
• present the resolution to the judges of district courts and the judges of the Regional Court in Warsaw, the judges of the Court of Appeal in Warsaw, as well as the President and the Council of the Court of Appeal in Warsaw.

FOR: 35

AGAINST: 0