Bodnar knows very well that he cannot dismiss Judge Dagmara Pawełczyk-Woicka from the National Council of the Judiciary. That’s why he decided to make her life miserable and dismissed her from the delegation to the Court of Appeal in Warsaw. Another four judges suffered a similar fate.
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The reason for dismissing judges from the delegation to the SA in Warsaw is at the same time laughable and scandalous. The experienced judge, who currently heads the National Council for the Judiciary and has repeatedly demonstrated her independence, is said to have shortcomings in her ‘judgment experience’.
The reason for the dismissal of the delegation of judges: Piotr Maksymowicz, Agnieszka Stachniak-Rogalska, Jolanta Stasińska, Dagmara Pawełczyk-Woicka and Adam Jaworski is the lack of appropriate experience and legal experience allowing them to rule at the Court of Appeal
– the ministry reports.
A judge delegated to perform duties at another court, in exceptional cases at a higher court, for an indefinite period – as the ministry recalls in a statement, citing art. 77 pair 4 of the Act on the Organization of Common Courts – may be released from the delegation by the Minister of Justice without prior notice. “The minister draws attention to the fact that the delegation of a judge to perform duties at a higher court in accordance with the provisions of the Law on the Organization of Common Courts may occur in exceptional circumstances,” it was noted.
Punishment for the National Court Register
Judge Dagmara Pawełczyk-Woicka is also accused of standing before an independent council and successfully winning the competition for judge of the Supreme Court in Kraków. Adam Bodnar also does not like that she was appointed to this court by Andrzej Duda. The new Minister of Justice does not recognize the constitutional body of the National Council for the Judiciary.
Judge Dagmara Pawełczyk-Woicka, who currently heads the work of the National Council of the Judiciary, was appointed – as the Ministry recalled – as a judge of the District Court in Kraków by Presidential Decree of 8 September 2020, after the holding a competitive examination procedure before the National Council for the Judiciary – as the Ministry of Justice noted – “an incorrectly drafted law of December 7, 2017, of which Judge Dagmara Pawełczyk-Woicka was a member at the time of the competitive procedure. She was subsequently delegated to perform the duties of judge at the Court of Appeal in Warsaw from November 1, 2023 (date of issuance of the Delegation Act: October 12, 2023).
– informs PAP.
In the opinion of the Minister of Justice, there are no substantive grounds for delegating a subdistrict court judge with approximately three years of legal experience at this level of the judiciary to perform the duties of an appellate judge, especially because they pass judgment did most of the period in a district court.
– the ministry reports.
Another “accusation” is the fact that she headed the Krakow district!
Judge Pawełczyk-Woicka was also president of the District Court in Kraków and a member and then chairman of the National Council of the Judiciary, which means she ruled on the minimum amount of a judge’s salary.
– added in the announcement.
More judges without delegations
In turn, Judge Piotr Maksymowicz was appointed judge of the Warsaw District Court by Presidential Decree of June 8, 2022, after conducting competition proceedings before the National Council of the Judiciary, also – according to the ministry – due to an incorrectly formed law from December 7, 2017. He was subsequently delegated to perform the duties of judge at the Court of Appeal in Warsaw from October 1, 2023. “In the opinion of the Minister of Justice, there are no substantive grounds to delegate a subdistrict judge with only 1 year and 3 months of legal experience at this level of the judiciary to perform the duties of an appellate judge. ” This is reported by the Ministry of Justice.
Judge Agnieszka Stachniak-Rogalska was appointed judge of the Warsaw District Court by Presidential Decree of 15 February 2021, after conducting a competition proceeding before the National Council of the Judiciary, also – as the ministry noted – wrongly formed by the Law of December 7, 2017. Subsequently, from October 25, 2023, the duties of judge at the Court of Appeal in Warsaw were exercised. “In the opinion of the Minister of Justice, there are no substantive grounds to delegate a subdistrict judge with 2 years and 8 months of legal experience at this level of the judiciary to fulfill the duties of an appeal judge,” read we in the release.
Judge Jolanta Stasińska was appointed judge of the District Court in Warsaw by Presidential Decree of February 15, 2021, after conducting a competition procedure before the National Council of the Judiciary – as the ministry noted – which was wrongly constituted by the law of December 7. , 2017. Subsequently, from January 1, 2024 (date of issuance of the Delegation Act on November 30, 2023), the task of judge at the Court of Appeal in Warsaw was delegated. “In the opinion of the Minister of Justice, there are no substantive grounds for delegating a district court judge with 2 years and 11 months of legal experience at this level of the judiciary to perform the duties of an appellate judge,” according to the Ministry of Justice. Justice has received notice.
In turn, Judge Adam Jaworski was appointed judge of the District Court in Warsaw by Presidential Decree of July 30, 2021, after conducting a competition proceeding before the National Council of the Judiciary – as the Ministry of Justice noted – which was wrongly constituted by the Law of December 7, 2017. Subsequently, from July 16, 2024 (date of issuance of the Delegation Law: July 13, 2023) was delegated to perform the duties of judge at the Court of Appeal in Warsaw for a period until January 15, 2024 .notes that Judge Adam Jaworski has already been delegated to judge further at the Court of Appeal in Warsaw on November 28, 2023. “In the opinion of the Minister of Justice, there are no substantive grounds for a district court judge with less than two years of legal experience at this level of the judiciary to be delegated to perform the duties of a judge of the court of appeal” , the ministry said.
Adam Bodnar’s actions are in fact harassment that attacks independent judges and their independence.
PAP, WB
Source: wPolityce
Emma Matthew is a political analyst for “Social Bites”. With a keen understanding of the inner workings of government and a passion for politics, she provides insightful and informative coverage of the latest political developments.