The Left Club presents to the Sejm a draft law on the liquidation of the Supreme Court Chamber of Appeals. According to Krzysztof Śmiszek, the European Commission is extremely skeptical about the amendment of the Supreme Court Act. PiS thought the EC would buy this legislative core and the money would flow from the KPO – the MP added.
During Wednesday’s press conference in the Sejm, Krzysztof Śmiszek, the deputy chairman of the club of the Left Party, presented together with Andrzej Szejna a bill on the liquidation of the Supreme Court’s Chamber of Professional Liability.
Śmiszek pointed out that the amendment to the Supreme Court law, voted by the Sejm and signed in June by President Andrzej Duda, did not meet the requirements of the European Commission. “This law turns out to be a legal trash can” – judged the MP.
The amendment to the Supreme Court Act provides for the liquidation of the Disciplinary Chamber of the Supreme Court; judges now serving in the Disciplinary Chamber have the choice of moving to another chamber or retiring. A Chamber of Professional Responsibility is established in place of the Disciplinary Chamber of the Supreme Court.
Of all the judges of the Supreme Court, with the exception of e.g. the presidents of the chambers of the Supreme Court, 33 people will be randomly selected, among whom the president will choose 11 judges for the composition of the Chamber of Appeal for a term of five years . Within six months of the entry into force of the amendment, it will be possible to resume cases of judges who have been subject to disciplinary sanctions by final decisions of the Disciplinary Chamber or of judges whose immunity has been waived.
According to Śmiszek, the Chamber of Appeals is “a shell”. “It is supposed to serve only one thing: to be a shelter for all the illegal judges who have functioned for many years in the administration of justice and in the Supreme Court,” the MP added.
As he noted, the European Commission is “extremely skeptical about this law, which should come into force in mid-July”. “PiS took on such a legislative scam and thought that the European Commission would buy this legislative core and the money would flow from the National Reconstruction Plan” – added Śmiszek. According to him, it is probably impossible to convince the European Commission to withdraw money from the KPO “because the milestones are not met”.
The bill proposed by the left assumes, among other things, that dissolution of the Chamber of Appeals and “return to disciplinary proceedings before the PiS authority, ie appoint ad hoc ad hoc tribunals”. We give the condition – emphasized Śmiszek – “No one who has ruled in the Supreme Court for less than 9 years will not be able to sit in the bench in disciplinary cases”.
“We also thank all the so-called judges who have sat in the Disciplinary Chamber,” he added. “As the CJEU ruled, the Disciplinary Chamber is not and was not a court, it had no right to rule” – noted the MP. It also means that all decisions of the Disciplinary Chamber of the Supreme Court will be quashed, because “if it were not a court, it would not have pronounced”.
Szejna has filed a motion to initiate disciplinary proceedings against the President of the Constitutional Court, Julia Przyłębska, under Art. 24 of the Act on the Status of Judge at the Constitutional Court. The request was addressed to President Andrzej Duda, all judges of the Constitutional Court and Attorney General Zbigniew Ziobro.
The request is related to information from some media about the screenshots published on the web, which are supposed to show the e-mail correspondence of the head of the Prime Minister’s Chancellery, Michał Dworczyk, from January 2019, in which he is said to have sent Prime Minister Mateusz Morawiecki to report on an interview with the President of the Constitutional Court, Julia Przyłębska, on three cases pending before the Constitutional Court that remained to be resolved. “I have not discussed any judgments of the Tribunal with anyone, not judgments of the Constitutional Tribunal,” Przyłębska said on Tuesday.
“If during the disciplinary proceedings, after hearing the witnesses, it should become apparent that such a meeting has taken place, that such conversations have taken place, we will request the removal of Julia Przyłębska from the office” – emphasized Szejna. He added that such proceedings can be initiated by one of the judges of the Constitutional Court, the president or the attorney general.