Judge Edyta Barańska of the Kraków District Court is a well-known activist who collaborates with the extremely politicized association “Iustitia”. The wPolityce.pl portal found that a disciplinary charge had been filed against her in the Chamber of Professional Responsibility of the Supreme Court. The author is an uncompromising follower of judicial pathologies, Judge Przemysław W. Radzik. He accused the judge of undermining the status of another judge in Krakow and the National Judicial Council.
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Established as a martyr of the “caste” of judges, Edyta Barańska in January 2022 withdrew the appeal decision of the Kraków District Court and referred the case for reconsideration by another panel of judges. It turned out that the only reason for this unanswered act was the fact that the contested decision was made by a judge appointed (by law and in accordance with the procedures) with the participation of the “new” composition of the National Council of the Judiciary . When disciplinary proceedings were initiated, Barańska did not even make a statement.
The defendant has not exercised its right and has not submitted written explanations and requests for evidence under Art. 114 § 1 and 5 paragraph.
– we read in the excerpt of Judge Radzik’s motivation for the application.
An important lesson
Judge Przemysław W. Radzik reminded Judge Barańska of basic constitutional issues. He revealed that her actions had an ideological and political background.
(…) Courts in the Republic of Poland administer justice, and in courts, tasks are performed by judges (…). However, a judge has no right to question the employment relationship of another judge, whether of an ordinary court or the Supreme Court, or the effectiveness of another judge’s appointment. The judge should not question the legitimacy of the constitutional authority of the Republic of Poland. (…) By committing the disciplinary offenses charged with it, the accused judge has thus exceeded its constitutional and statutory powers, acting to the detriment of the public interest, expressed in the proper functioning of the judiciary (…)
– we read in the application of the Deputy Disciplinary Prosecutor for Judges of Ordinary Courts.
Such conduct of the judge, which not only deprives any legal basis, but also leads to anarchy, cannot be accepted
– emphasizes Judge Radzik.
Causing chaos
Judge Przemysław W. Radzik rightly recalled the judgment of the Constitutional Tribunal of 25 March 2019 on the election of members of the National Judicial Council. At the end of the perfectly prepared application, the Disciplinary Prosecutor reviewed Judge Barańska’s actions and pointed to her actions anarchizing the entire judiciary.
the type of act committed by Judge Edyta Barańska, both from the point of view of the form of the intention, the premeditation and the very negative effects in terms of the proper functioning of the judicial system, the interests and rights of the judge directly involved, and above all the constitutional principles of the legal order of the Republic of Poland, is contrary to the essential interests of the service, making it necessary to submit this application
– wrote Judge Przemysław W. Radzik.
UK
Source: wPolityce