“Poland refuses to comply with the CJEU’s decision in the case of the Disciplinary Chamber (Supreme Court). This illegal body is now attacking judges critical of the government. This is a dangerous situation, everyone should respect the judgments of our courts,” Manfred Weber, the head of the largest faction in the European Parliament, believes.
/Alexey Vitvitsky/SPUTNIK Russia/ /East News
The German head of the European People’s Party faction in the European Parliament also posted two hashtags in an entry posted on Friday (November 20): “#Tuleya # Rule of Law”.
In October, Deputy Minister of Justice Anna Dalkowska explained in the Court of Justice of the EU that the lifting of immunity is a separate matter from the disciplinary system against judges, because it concerns criminal matters, and the suspension by the CJEU only concerned the activities of the Disciplinary Chamber relating to holding judges to disciplinary liability.
On Wednesday evening (November 18), the Disciplinary Chamber of the Supreme Court lifted the immunity of Warsaw judge Igor Tuleya. This means that the prosecutor’s office will be able to charge him. At the same time, the Supreme Court decided to suspend Tula in business activities and reduce it by 25 percent. his salary. Thus, it changed the decision of the Disciplinary Chamber of the Supreme Court in June this year, which did not allow the waiver of immunity in the first instance.
A suspended judge cannot settle court disputes – emphasized the Warsaw Regional Court on Thursday in relation to the Tulea case.
Tuleya has repeatedly emphasized that he does not consider the Disciplinary Chamber a court. He also announced that regardless of the outcome of the case, he would not respect the judgment. – No political court can take me away from ruling. I am a European judge, I will not recognize the ruling of the Disciplinary Chamber, whatever happens, I will continue to adjudicate. European law cannot yield to lawlessness – he stressed before the Wednesday (November 18) session of the Disciplinary Chamber.
On Thursday (November 19) Judge Tuleya came to the Circuit Court with the intention of adjudicating on the case previously assigned to him, but this was removed from the list. As reported by the judges association Iustitia, the judge was prevented from entering the courtroom.
In a special statement, the Warsaw Regional Court stressed that during the suspension of a judge in his duties, “he may not resolve court disputes, as well as undertake other official activities resulting from the judge’s office.”
“With the above in mind, the case in the speech of judge Igor Tuleya, scheduled for November 19, 2020, was removed from the list according to the order of the head of the department” – emphasized
The reason for the prosecutor’s motion to waive the judge’s immunity was the suspicion that information from the investigation as well as data and testimony of a witness had been disclosed, which compromised the course of the proceedings. It was about the proceedings regarding the session of the Sejm in the Column Hall on December 16, 2016, which were discontinued twice by the prosecutor’s office.
In December 2017, the District Court in Warsaw, chaired by Judge Tulei, quashed the prosecutor’s decision to discontinue the investigation for the first time. The judge then allowed the media to record the verbal justification of the court’s decision.