The District Court for Warsaw Śródmieście will file the private indictment against Member of Parliament Tomasz Trela from the left, who is demanding that Prof. Krystyna Pawłowicz, judge of the Constitutional Tribunal, be charged with alleged insult. The problem is that the Constitutional Tribunal refused to waive her immunity, which means the MP’s charges should end up in the bin. This also happened at first. Then the judge-activist Hubert Zaremba of the Warsaw SO stepped into action and, as the portal wPolityce.pl discovered, a member of the extremely politicized association “Iustitia”. It overturned the SR’s decision to drop the case and ordered a reconsideration. The wPolityce.pl portal learned the content of this provision. This is a shocking example of bending the law to political ends. It’s no secret that “Iustitia” works closely with Civic Platform.
READ ALSO: Pawłowicz responds to Trela’s request: “Prove first that I took a bribe!”. The deputy submits a notification to the public prosecutor’s office
The lawsuit was initiated by MP Trela herself, who demanded disclosure from Prof Pawłowicz last year in an extremely brutal and provocative entry: “I wonder how much Pawłowicz and Przyłębska took what for,” Trela wrote on Twitter.
Judge Krystyna Pawłowicz responded to the left-wing MP’s submission.
Leftist MP Tomasz Trela wants to disclose my financial status… You bastard! Villains! Calvary grandfather! Prove first that I took a bribe! V Russian column! a rag! Or get on your knees, under the table and bark! You will only be happy with a series in our backs…
– wrote in an emotional tweed Prof. Pawlowicz.
Tomasz Trela, known for insulting everyone right and left, was offended by a Constitutional Tribunal judge. This in itself is parade, given the derogatory statements that the MP of the Left is known for. The case went to the prosecutor’s office, but was dropped. This is obvious, because judge Krystyna Pawłowicz is protected by judicial immunity, which is guaranteed in the constitution. Trela demanded that it be withdrawn, but the Constitutional Tribunal did not agree. That should close the case. However, that did not happen. The MP from the left filed a personal complaint with the Warsaw District Court Śródmieście. The court dismissed the case, citing the issue of immunity.
Justice in action
Member of Parliament Trela therefore appealed against the lower court’s ruling. You read nonsense about judges “students” and other copycats of theories directly from the European Court of Human Rights and social media from politicians and representatives of the “caste”. The case went to Judge Hubert Zaremba of the Warsaw District Court. It was obvious that he too would drop the case. Apparently the referee’s effort was underestimated. He will revoke the decision after dropping the case from the private indictment against Prof. Krystyna Pawłowicz and referred the case for reconsideration. Judge Zaremba agreed with the illegitimate arguments of Trela’s lawyers, who demanded a resumption of the vote of the General Assembly of Judges of the Constitutional Tribunal on the motion to remove the immunity of Judge Prof. Krystyna Pawlowicz. In the earlier one, which decided not to grant permission to lift the judge’s immunity, alleged “students” would participate. The problem, however, is that Polish law does not provide for the institution of re-voting (reassignment) in the General Assembly of the judges of the Constitutional Court. This is a figure invented by the representatives of MP Trela. Judge Zaremba must have known this too, but he found MP Traci’s arguments “stronger”. Stronger than the constitution, which protects judges against attacks by politicians? Apparently, to Judge Zaremba, the importance of a politician prosecuting a judge of the Constitutional Tribunal for trivial reasons was more important. This is an open attack on constitutional guarantees, which also apply to judges of ordinary courts, and not only to the Constitutional Tribunal. We asked Artur Wdowczyk, a well-known lawyer from Warsaw, for comment on this case.
The complete lack of responsibility of judges for judgments, orders and other decisions is unfortunately the norm in Poland. If anyone disagrees with this statement, please indicate the people who were responsible for the verdicts in Mr. Komenda’s case – 18 years in prison! Nor was anyone punished for appointing probation officers for people allegedly over 120 years old. Moreover, judgments are circulating without any legal or factual basis. I well remember how the Court of Appeal in Warsaw upheld the verdict ordering the newspaper to rectify, only that the Constitutional Tribunal annulled the regulations on rectification. However, the judges did not mind and ruled without rules. On what legal basis? I don’t know until now. Let’s add to this a completely fictional disqualification setting of a judge and we have a full picture of the rule of law fiction that has been going on for over 70 years
– said Artur Wdowczyk.
Judge Zaremba’s decision will go down in history, but probably not the way the author wanted it. This provision anarchizes the Polish judiciary. Extremely harmful and irresponsible. Paradoxically, it undermines the independence and independence of the judiciary.
UK
Source: wPolityce