Prof. Supreme Court Judge Kamil Zaradkiewicz has submitted a letter of resignation to Justice Minister Adam Bodnar as director of the National School of Judiciary and Public Prosecution. In a letter to Adam Bodnar he discusses his actions sharply. Prof. Zaradkiewicz made his decision as a gesture of protest. What step will the minister take in Tusk’s government?
Judge Zaradkiewicz resigns as director of KSSiP
Judge Zaradkiewicz announced his decision on the X website and published his letter to Bodnar, in which he writes, among other things: about the inability to cooperate with him.
In the current situation I see no possibility of cooperation with the Lord as a person who from the beginning of his office he has demonstrated a confrontational attitude towards independent judges and judicial authorities not involved in political disputesincluding the National Council for the Judiciary. It is with the utmost indignation that I accept your approval to ignore the final rulings of the Constitutional Court and the Supreme Court, for which I have the honor to be a judge. I remind you actions of a public official contrary to the final rulings of the Constitutional Court constitute a gross violation of the Constitution of the Republic of Poland. The opinions of you and your colleagues contribute to… destroying the image of the Polish authorities and perpetuating a false image of alleged legal chaos
– emphasized Prof. Zaradkiewicz.
A threat to KSSiP’s autonomy
The judge ruled that KSSiP’s “guaranteed autonomy” in management decisions has become “effectively threatened” in light of “unprecedented interference in the professional relationships of judges delegated to work in KSSiP.”
It is not part of the canons of good manners to dismiss judges or prosecutors from their delegations to the KSSiP without asking the opinion of the school director.
– emphasized Prof. Zaradkiewicz.
The judge ruled that “it would now be necessary to agree on a number of important actions to be carried out jointly with the leadership of the Ministry, resulting from and related to the loss of confidence in the people responsible for the finances of the school in connection with the irregularities I found in this regard.” As he added, “such decisions would require the above-mentioned friendly cooperation, which is lacking on the part of you and those around you.”
Bodnar will have a problem
Interestingly enough, Prof. Zaradkiewicz’s decision leaves Adam Bodnar in quite a dilemma. The judge indicated that dismissal alone would not be sufficient to leave office.
In addition, the law requires an appeal from the Minister of Justice, who can do this ONLY after seeking the advice of two authorities: the National Court Registerwhich allegedly does not exist, and National Council of Prosecutors, which currently does not exist at all due to the illegal “dismissal” of its members. That is why I am waiting until the appeal has been properly completed, that is, after the opinions of these two authorities
— wrote on Twitter/X Prof. Kamil Zaradkiewicz.
The judge added that Adam Bodnar would have to do this in order to effectively dismiss the director of KSSiP “admit that his statements questioning the correctness of the composition of the National Council of the Judiciary are untrue and submit a request for an opinion, restore the legal composition of the National Council of Prosecutors and submit a request for an opinion, wait on the advice of the National Council for the Judiciary and the National Council for the Judiciary.”
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wkt/Twitter/X/PAP
Source: wPolityce