It is very good that proceedings have been initiated against Judges Piotr Schab and Przemysław Radzik in connection with the prevention of Judge Igor Tuleya’s ruling three years ago, Deputy Justice Minister Maria Ejchart said on Friday.
As Ejchart noted on TVN24, the case concerns the period when Judges Schab and Radzik were president and vice-president of the District Court in Warsaw, where Judge Tuleya worked.
The point is to prevent judgments being given on the basis of rulings by the Court of Justice of the EU
– she added.
Yes, the Public Prosecution Service has initiated proceedings in this case. Interesting information is that the procedure was started in the department created by PiS – in a special department that was supposed to identify independent judges and prosecutors. Now the procedures that took place there are being reviewed, and as you can see, new decisions are being made (being made – PAP)
– said Deputy Minister Ejchart.
Emotional statements from the State Secretary
She said it was “very good that such a procedure was initiated.”
Let’s leave it to the court to determine whether a crime has occurred. However, such situations must certainly be explained and that is also the purpose of the initiated investigation
– said Deputy Minister Ejchart about the case involving Judges Schab and Radzik.
Information about the start of this investigation was reported on Thursday by the website oko.press. As the portal wrote, the investigation was started on February 21 this year. Internal Affairs Department of the National Public Prosecutor’s Office.
An investigation was launched into abuse of power by the president and vice-president of the Warsaw court by refusing to allow Judge Igor Tuleya to rule. This applies to the period November 2020 – July 2021.
– wrote the portal.
The Tuleya case
Warsaw District Court Judge Igor Tuleya was relieved of the ruling after his immunity was revoked by the former Supreme Court Disciplinary Chamber in November 2020. At the end of July 2021, Tuleya filed a request for a retrial, citing the CJEU judgment. This judgment showed that the system of disciplinary liability of judges in Poland is not in accordance with EU law. However, the then Vice President of the Warsaw District Court, Przemysław Radzik, did not accept Judge Tuleya’s request and the judge did not return to work.
As a result, Tuleya filed a notice with the Public Prosecution Service about the possibility of exceeding the powers of the then President and Vice President of the Capital District Court, Piotr Schab and Przemysław Radzik. However, Warsaw investigators refused to open an investigation into the matter. Judge Tuleya’s representative, Michał Romanowski, has appealed this decision. This complaint was heard by the District Court in Białystok, which in November 2022 overturned the decision of the public prosecutor to refuse to open an investigation and ordered the conduct of proceedings in the case.
According to the Białystok District Court, the prosecutor’s office prematurely concluded that the criteria for exceeding powers had not been met and that evidence still needed to be collected. The court also ruled that it should be investigated whether there was a persistent and malicious violation of the employee’s rights.
Judge Tuleya returned to work at the Warsaw District Court at the end of November 2022.
The wPolityce.pl portal reported on Judge Tuleya’s case many times.
READ ALSO:
– ONLY HERE. President of the National Council for the Judiciary on the CJEU judgment on Judge Tuleya: “Addressing the issue of Polish sovereignty”
– OUR SUBJECT. A bizarre opinion from the spokesperson of the CJEU in the Tuleya case! Judge returns to work, but tribunal official sees ‘threats’
– WE REVEAL. Did the Supreme Court violate the procedure surrounding the Sleeve? Nawacki: “This raises serious doubts. The court replaced the public prosecutor’s office
– ONLY HERE. Kaleta on the Supreme Court’s decision on Tuleya: “A disturbing statement. Some judges are protected by others.”
The way in which Deputy Minister Ejchart speaks about the case clearly indicates in which direction the proceedings against judges Piotr Schab and Przemysław Radzik could go. And these are supposed to be democratic norms?!
gah/PAP
Source: wPolityce