The statement of 30 Supreme Court justices is vague, but there is no doubt that if there are indeed refusals to rule by these judges, disciplinary action will be taken – Supreme Court spokesman Aleksander Stępkowski told PAP.
In his view, following the statements of some Supreme Court justices, there is certainly a risk that the work in the court will be slowed down – especially with regard to the civil chamber.
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President Laskowski, who was asked about the statement by PAP, said the immediate trigger for its issuance was the appointment of members of the Civil Chamber, which includes the so-called old and new judges. He noted that no “mixed warehouses” have been designated so far.
However, in his view, the number of cases being dropped due to the signatories’ refusal to rule will be small.
Rather, it will not be common. It will not happen that this paralyzes the process or that it affects the parties. So far there haven’t been many such mixed compositions and it doesn’t seem to be a rule
– reviewed Laskowski.
However, as he stressed, it is in the interests of the parties to individual proceedings not to set up such “controversial panels”.
Asked if anyone could block the actions of the judges who signed the statement, Laskowski replied that it was difficult to rule out reactions such as those experienced by ordinary judges – disciplinary proceedings or filing requests for suspension.
The case in such a “mixed” panel of seven judges, scheduled for Thursday in the Civil Chamber of the Supreme Court, has not been heard recently. The expanded composition of the Civil Chamber of the Supreme Court is intended to come back to questions about the decisions of the judges appointed by the National Council of the Judiciary elected under the amended rules.
This case – brought before the Supreme Court by Judge Waldemar Żurek of Kraków – was handed down a year ago in response to questions from the Civil Chamber by the Court of Justice of the European Union, stating that the circumstances “may lead to concluded that the appointment of the judge in question was a gross violation of the fundamental rules of the procedure for the appointment of judges of the Supreme Court, which are an integral part of the system and the functioning of the Polish legal system”. one caveat, however, that it is up to the Supreme Court to make the final assessment of the case.
The composition of this case changed when three judges of the Civil Chamber retired. The new composition included four judges not previously designated for this case. Currently, the chairman of the composition is the 1st president of the Supreme Court, Małgorzata Manowska, and besides her there are also judges: Dariusz Dończyk, Jacek Grela, Agnieszka Piotrowska, Tomasz Szanciło, Kamil Zaradkiewicz and the rapporteur Karol Weitz.
The earlier dates of the hearings in this case had already been canceled and some judges in this case indicated that the designated panel was not suitable.
“The Supreme Court announces that due to the extension of the justified absence of the Judge-Rapporteur, a different date has been set for his investigation”
– recently communicated about the cancellation of Thursday’s deadline. It was added that “taking into account both the absence of the Judge-Rapporteur, certified with a relevant certificate, and the previously planned departure of one of the members of the bank”, the new date of the meeting was set for December 1 of this year .
olnk / PAP
Source: wPolityce