The court of Rzeszów will react without undue delay to questions from the Spanish court – Law and Justice – GazetaPrawna.pl



The court of Rzeszów received questions in which the Spaniards asked for independence, irremovability and the possibility of disciplinary responsibility of Polish judges. The RMF FM radio was the first to know about the case.

"Of course the court will react without undue delay, but not today and not tomorrow," said the court spokesman in Rzeszów Tomasz Mucha on Monday.

He added that the answer to the questions will be given by the court that issued the European Arrest Warrant for a Spanish citizen. It is the second criminal department of the regional court of Rzeszów.

The Spaniards ask whether the Polish "judicial authority fulfills its tasks fully autonomously, without subordination to the hierarchy of services, subordinate to anyone, in a manner free of orders or guidelines from any source, and protection against interference and use external pressure that threatens the independence of its members and influence their decisions. "The Central Investigative Court also asks whether the Polish legal system" entrusts the indivisibility of persons charged with the assessment ".

The Spanish court also asked whether "there are rules relating to the composition of the body, the appointment of its members, the duration of their term of office and the reasons for excluding them, excluding them or withdrawing them".

Finally, the Spaniards are interested in the question of whether "a system of disciplinary measures for those charged with investigating provides the necessary guarantees to avoid the risk of this system being used for political control of the content of court judgments."

"In particular, it shall be indicated whether the standards defining behaviors that constitute disciplinary offenses and specific sanctions provide for intervention by an independent body, in accordance with the procedure fully guaranteeing the rights as approved in Articles 47 and 48 of the Charter, including the rights of the defense, and provide for the possibility to make court judgments disciplinary authorities ", asks the court from Spain.

After receiving a reply from Poland, the Spanish court will take a decision. The court of Rzeszów, Spaniards, asked for an answer within 10 days.

According to the SO spokesperson in Rzeszów, "if there is a deadline, it is an instructive term, meaning that keeping it is not accompanied by any negative consequences."

In March, the court in Ireland asked the case of Pole Artur C., who had sought Polish prosecutors in connection with allegations of drug trafficking, to the Court of Justice of the EU in Luxembourg for urgent advice (applied in cases where someone is in custody) on the subject of whether, if he gives his permission for extradition, the Pool will be tried in his country in a fair trial. The court pointed to concerns about the rule of law in Poland in connection with the launch by the European Commission of Art. 7 of the EU Treaty.

In July, the CJEU pointed out that it is the EU judges who must, if necessary, assess the risk of a fair trial in Poland, taking into account the rule of law. The Tribunal has stated that the decision to suspend the EAW can only be taken after an analysis in two phases.

First, the court must state that there is a real risk of inhuman or degrading treatment in the issuing Member State due to systemic irregularities. It is an assessment of the rule of law in a particular country, which must be made on the basis of "objective, reliable, correct and duly updated information".

If, after the assessment, the court finds that there is indeed a risk of violation of the right to a fair trial in a particular country, it must in the second place establish that there are reasons to believe that the specific person has been exposed to such a risk. The mere existence of systemic irregularities – as the judges argued, citing a different opinion – does not necessarily mean that an election after extradition would undergo inhuman or degrading treatment.

If the court has established after the second assessment that a person may be exposed to a lack of fair trial, he must terminate the EAW.

The court issuing the detainee must ask the Polish court for all the information needed to carry out the attack.


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