The impudence of the “caste”! In the verdict in which he questions the status of his colleague, the judge quotes literary works. ‘Cruel times make cruel men’

Judge Piotr Młósiek of the Wrocław-Krzyków District Court made a scandalous and illegal decision by declaring the second instance verdict in one of the cases non-existent, justifying this by the fact that the panel of judges also included so-called neo-judges. In an interview for PAP, M. Głosiek is clearly happy with his decision and says that he showed the way to other judges. The attention of lawyers who criticized Mg Głosek’s activities was drawn to the justification of the decision in which the judge decided to include… several quotes from literary works.

Cruel times make cruel people. I have seen such horrors that I don’t know how God didn’t put out the sun and turn away from us when he saw them.

– this is a quote from the novel “Into Darkness” Cormac McCarthywhich the judge has included in the reasoning of the aforementioned decision Piotr Mglosiek. He also dedicated his resolution… to the memory of Judge Holden, a fictional character from another McCarthy novel – ‘Blood Meridian’.

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In my professional path I have met many different jurors. I have read different justifications for the verdicts. Some were great, others objectively poor. But I have never come across a judicial decision in which a higher court ruling is considered non-existent, the judge questions the status of his colleague and justifies it with quotations from literary works in which he refers to God and “cruel people” and “cruel times”.

– wrote on the X platform lawyer Bartosz Lewandowskireferring to the justification of the decision of Judge Piotr Mgłości.

Nothing could be further from the truth. It was already. No literary masterpiece – M. Ferek 2021 (refusal of the enforcement clause) still makes me angry, A. Głowacka (refusal of the clause) – case at the ECtHR because she felt persecuted. The basis was of course the recognition that the judgment of the Kraków Court of Appeal did not exist. Heroes

— she referred to the patron’s submission Dagmara Pawelczyk-WoickaChairman of the National Council for the Judiciary.

Judge M Głosiek portrays himself as a hero

Judge Mgiełek also gave a bizarre interview to PAP, in which he made no secret of his satisfaction with his scandalous attitude.

I showed the path that can be used to heal the justice system, Judge Piotr M. Głosiek of the Wrocław-Krzyków District Court told PAP. As a judge at the district court, he considered the second instance verdict, issued by a court consisting of a “neo-judge”, to be non-existent.

The Wrocław-Krzyków District Court in Wrocław, which is hearing the case, was sent back to the Wrocław District Court (ref. No. V Kzw 54/24) for re-examination on Tuesday, 30 July this year, in a one-member panel . considered the higher court’s judgment non-existent because it contained the so-called neo-judge. This is probably the first such case.

In this way, the court entered into controversy with the resolution of three joint chambers of the Supreme Court (ref. no. BSA I-4110-1/20), which recommended that ordinary courts conduct a test of the independence and impartiality of a judge before revoking the verdict given by him.

Furthermore, the legality of the court has been questioned so far as part of the judicial review, meaning that the court of second instance, when hearing an appeal, declared that the judgment given at first instance was defective due to the presence of a new judge-judge on the panel. This time, however, the court did not do so.

In an interview with PAP, Judge Piotr M Głosiek, author of the decision in question, ref. No. VII Ko 34/24, referred to his role in initiating a new practice of invalidating judgments of the so-called neo-judges.

Do I feel like I am a trendsetter? No, I don’t think I am – as Gombrowicz wrote in his ‘Diary’ – a messiah. I don’t feel like a messiah, because there is a lot of talk about it in the judicial community. Although my concept is quite original, we have already taken such actions, for example, in the District Court in Warsaw by Judge Piotr Gąciarek, and in the District Court in Kraków by Judge Maciej Ferek.

– takes note of M. Głosiek and recalls that both Judge Gąciarek and Judge Ferek returned files in which the case was heard by the so-called neo-judge.

In fact, this was done by district courts, and I’m at the district court level. And this is the innovation

– he said.

Judge M. Głosiek announced that he had prepared a draft of such a ruling in 2021.

I couldn’t implement it for a very simple reason, because over the years I never got a statement in my report that I could treat it the way I treated it the day before yesterday.

– He gave in. It was not until April that he received a case in his department “which was dealt with in the second instance by a neo-judge, appointed on the recommendation of the neo-National Council for the Judiciary.”

I am quite consistent, because in 2019 I was the first court in Poland to recognize the judgment of the Constitutional Court as non-existent due to the fact that the judge was an understudy: Mr Muszyński. And just a few months after my judgment, the European Court of Human Rights gave its fundamental judgment in the case Xero Flor v. Poland (complaint no. 4907/18 – PAP), in which it stated that the Constitutional Court with a double is not a court established by law.

– added.

Młósiek assured that the idea of ​​the verdict issued by the court with him on the panel “is to show other legally appointed judges who establish courts established by law a certain path that can be followed to heal the justice system” and “politicians (…) they are not very keen on it.”

I don’t see any projects that could heal the justice system

– he judged.

After reading the statements of Judge Piotr Mgłości, it seems reasonable to ask whether this person really realizes that he is a representative of the judiciary and not a politician.

tkwl/PAP/X