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“Zone of Influence”, 06.09.2024
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Let us recall that on March 20, 2024, six judges of the State Tribunal asked Małgorzata Manowska, the chairwoman of the Tribunal and the First President of the Supreme Court, to convene a full bench of this Tribunal and repeal the current regulations of the Tribunal and adopt new ones. They postulate, among other things, drawing lots for adjudicating panels and making the sessions public.
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- Dispute in the Supreme Court. Miąsik distances himself from the “authorization” of the First President of the Supreme Court
Manowska, among others, referred to this matter on Saturday on TVN24. And the president stated that in order to convene such a meeting “the purpose of this meeting must be indicated”. – Let them supplement their project with a justification, so that each member of the Constitutional Tribunal can familiarize themselves with the justification and in accordance with the rules of legislative technique – she said.
There is an investigation by the prosecutor’s office regarding the 1st President of the Supreme Court. “First, let them present some charges”
On Friday, the National Prosecutor’s Office announced that an investigation had been initiated “into the case of failure to fulfil obligations by the chairperson of the State Tribunal, Małgorzata Manowska, in connection with the failure to convene a meeting of the full bench of the Tribunal within the deadline specified in the regulations.”
In connection with this fact, the First President of the Supreme Court was asked whether he intended to invoke his judicial immunity.
– I have no other choice, because a judge is not allowed to waive his immunity – she announced. – First, let them present some charges, let them ask. They say that I have four criminal proceedings, and I formally know about none of them – she added.
Manowska claims that she has not received “any information” from the prosecutor’s office regarding the investigation. She also added that if she is summoned for questioning, she will appear at the prosecutor’s office “as a witness.”
Agreement on neo-judges. Manowska: This is a one-sided activity
Let us also recall that on Friday, Prime Minister Donald Tusk and Minister of Justice Adam Bodnar met with representatives of the legal community. – An extremely important meeting has ended. There is agreement and arrangements between us regarding the status of the so-called neo-judges. They are returning to their previously held positions – said attorney Sylwia Gregorczyk-Abram after the meeting.
The head of government and the minister of justice presented the assumptions for the draft act regulating the status of judges appointed on the basis of the provisions concerning the National Council of the Judiciary. The provisions which were adopted in December 2017 (entered into force in 2018) provisions on the verification of judges”.
This fact was also commented on by the First President of the Supreme Court. – The meeting – using an allegory – was a meeting of wolves, who were conferring on how to eat sheep without the participation of those sheep that were to be eaten – she assessed.
– The Prime Minister grandly announced that an agreement had been reached with lawyers. With which lawyers? This is simply an absolutely one-sided activity. We, the “neonists”, were not invited to this meeting. I expect some constructive discussion on this topic, but apparently the Prime Minister and Minister (of Justice Adam – ed.) Bodnar were afraid of difficult questions. For example, why do they want to treat judges who applied the law in force at the time as criminals – she stated.
Dispute in the Supreme Court. Manowska: chaos, media war
Judge Manowska was also asked on air about the “dispute in the Supreme Court”, which the media had been reporting on since Tuesday. It was then that the Supreme Court issued a statement according to which “until the president appoints a judge of the Supreme Court performing the duties of the president of the Labor Chamber of that court, the work of the Labor Chamber is directed by the First President of the Supreme Court”. That is, Małgorzata Manowska. Many judges do not agree with this interpretation of the regulations.
When asked if she was convinced of the correctness of her decision (that she should act as the president of the Chamber of Labour until the president’s decision), she replied that she was “convinced of the decision”. – I thought it over, I consulted people I trust and who are excellent lawyers and I am convinced of my decision – says Małgorzata Manowska.
PiS reform of justice and its consequences. Dispute over the Supreme Court and the National Council of the Judiciary
The 2018 Act, when Law and Justice was at the helm of the government, was intended to shorten the term of office of some members of the National Council of the Judiciary. Then, the then Sejm, instead of four people, elected 15 to the National Council of the Judiciary. Since then, the competences of the National Council of the Judiciary have been questioned not only by legal circles, but also by European courts.
Let us also add that the situation in the Labour and Social Insurance Chamber of the Supreme Court is caused by the fact that the term of office of the current president of this Chamber, Piotr Prusinowski – a judge elected by the National Council of the Judiciary before the changes in 2018 – expired on 2 September this year.
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“Zone of Influence”, 06.09.2024 52:14
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According to Prusinowski, “the acting president of the Chamber of Labor and Social Insurance is judge Dawid Miąsik.” He added that the temporary management of the Chamber by judge Miąsik results from the general provisions and the appropriately applied regulations of the Law on the System of Common Courts. He noted that Such an interpretation of the law has never raised any doubts, even during the term of office of the First President of the Supreme Court by Małgorzata Manowska.
Prusinowski: Madam President interprets the law depending on the change of prime ministers
On Tuesday, however, Judge Manowska authorized Judge Miąsik to serve as president of the Supreme Court’s Labor and Social Security Chamber – until President Andrzej Duda entrusts these duties to an elected judge.
Sources: PAP/TVN24/polskieradio24.pl/Strefa Zarządu/hjzrmb
