- The Council rejected the request of Deputy Borys Budka for access to the protocols during the hearings with the candidates
- The team that deals with people who want to judge in the disciplinary chamber, has recommended NCR to appoint 12 of them.
- The Council has selected the judges in secret mode
- At the first vote, the required majority of the votes were received by 12 recommended candidates. The majority of the votes did not vote the majority, therefore the National Court Register will only present 12 candidates to the president, although there are 16 vacancies in the Disciplinary Chamber
- – The functioning of this chamber is not based on any principle of the majority, that is, even a few judges of this chamber, not complete composition, gives the opportunity to act – said the president of the national court Leszek Mazur
From Monday to yesterday, four KRS teams led hearings with candidates for vacancies in the Supreme Court. The committee dealing with the disciplinary chamber consisted of the judges Dariusz Drajewicz, Rafał Puchalski, Jarosław Dudzicz, Grzegorz Furmankiewicz and MP Stanisław Piotrowicz (PiS). There are 16 vacancies in the newly created Disciplinary Chamber.
"Publicity has its limits"
Today, the team members presented the numbers of 63 candidates they had listened to during the day during the day. Of these, 12 were recommended to the Council to present the president to the judges of the Supreme Court. Six prosecutors, three legal advisers, two judges and one academic staff member were among them. Earlier, the National Court of Appeal refused the request of its member, MP Borys Budka (PO), to make the minutes of the hearings of the candidates available and to postpone the meeting for a week to achieve this. Budka also wanted all candidates to be heard publicly throughout the national judicial register.
Approx. h. 18 The Council voted on the applications. It took place in secret mode at the request of the judge Teresa Kurcyusz-Furmanik. Behind the public choice of judges said the Supreme Court: deputy chairman of the national court Wiesław Johann. – Implicit voting will give the impression that the National Court Register wants to hide something from the public. Social control is an extremely important tool, especially now, when the reform of the judiciary is highly criticized, it is known in what environments – said Johann. In the end, President Leszek Mazur recalled that "transparency has its limits", and the vote can be classified at the request of every member of the National Court Register.
List of recommended candidates for the Supreme Court
The National Council for the Judiciary has chosen 12 people who will nominate the president for appointment in the disciplinary chamber. These are exactly the same people who were recommended by the team that led the hearings and which were all selected at the first vote.
Due to the fact that the number of vacancies in the room is 16, there was still a vote, which was supposed to fill four remaining seats. None of the candidates received a single vote "for". That is why the National Court Register has adopted a resolution to present only 12 people to the president. Below is their list.
- Małgorzata Bednarek. Former head of the district prosecutor's office in Bielsko-Biała. He is currently the head of the Silesian section of the national public prosecutor's office;
- Jarosław Duś. He fulfills the function of Public Prosecutor of the National Public Prosecutor's Office. In the opinion of his superiors, he was described as "a zealous and extremely conscientious person";
- Jan Majchrowski. In 1999 he graduated from the University of Warsaw. He obtained his doctorate in law. He is the author of dozens of scientific articles. He also served as deputy professor at the Faculty of Law, the Lubuskie voivode and a member of the examination committee for legal apprenticeship. He is currently working from 1999 at the Faculty of Law and Administration of the University of Warsaw as associate professor;
- Piotr Niedzielak. He is 52 years old and a judge at the Court of Appeal in Bialystok. He is there in the second criminal department. He was delegated to the Ministry of Justice. He is co-author of the comment on the Code of Criminal Procedure;
- Tomasz Przesławski. Legal adviser and employee of the University of Warsaw. Has a postgraduate degree;
- Adam Grzegorz Roch. Prosecutor of the regional prosecutor's office in Katowice. He led courses in disciplinary law in the judiciary, he was also dedicated to his scientific activities;
- Adam Rafał Tomczyński. He started his career as a judge. He has been a legal advisor since 2005. He mainly deals with bankruptcy law and economic law. He is a university teacher. He speaks Spanish, English and Russian;
- Małgorzata Ułaszonek-Kubacka. She studied law at the University of Warsaw and is a legal advisor. According to the KRS team, she worked in "many entities and provided legal assistance with regard to different areas". The team's attention was drawn to its view that "justice must be characterized by moderation and a sense of social justice";
- Ryszard Jacek Witkowski. Prosecutor of the Public Prosecution Service. Previously, he was a military prosecutor in Krakow and Warsaw. In 2016-2018 he was the head of the department in the military department of the Polish army. From 2016, he is the chairman of the disciplinary court in the military prosecutor's office;
- Jacek Wygoda. From 2016, he is the Public Prosecutor of the National Public Prosecution Service. He studied law at the Jagiellonian University and then studied as an officer at the police academy in Szczytno. For 9 years he was a policeman, first in Krakow, then in the central headquarters of the Central Office for Research. He later became a public prosecutor in his career. He is the chairman of the disciplinary court in appeal for public prosecutors at the national prosecutor's office;
- Konrad Kamil Wytrykowski. He graduated from the University of Wroclaw, where he also completed doctoral studies. He was a judge at the court in Legnica, currently he is the president of the court of appeal in Wrocław. He was a member of the "Iustitia" judges association, but he appeared there in 2018. He participated in numerous scientific conferences and was the author of publications, including in "Rzeczpospolita" and "Gazeta Prawna";
- Paweł Antoni Zubert. He started his career as a public prosecutor in Będzin, Chorzów and Częstochowa. He is currently working at the regional prosecutor's office in Katowice, and since 2016 he has been the judge of the disciplinary court at the national prosecutor's office. He is a member of the advocacy training committee of the Ministry of Justice. He conducts training in the field of criminal procedures.
Chairman of the National Court of Justice: the Chamber can work in a composition of 12 persons
At the briefing after the vote, the chairman of the National Court Register Leszek Mazur stressed that the possibility to fill four vacancies in the Disciplinary Chamber is related to the possible announcement of the next competition for these positions. – Then the whole procedure must be repeated, starting with the announcement by the President of the existence of such vacancies and the whole procedure is subject to repetition from the outset, this is a completely new competition – Mazur said.
– We could, in the context of this competition, take into account one, two or three persons who meet the required legal criteria, but no more than 16 – he added. When asked whether the disciplinary court in the Supreme Court can function in a composition of 12 persons, he replied that if an optimal number of 16 posts were considered, each less function means less efficiency and limited legal capacity.
– A compromise must be reached between the expectations of the optimal size of this section and the requirements for the qualifications of the candidates – said the president of the national court. Mazur said that three judges are the minimum number of MPs that would guarantee the possibility of its functioning, and that is why the chamber will be able to work in a composition of 12 people. – The functioning of this room is not based on any principle of the majority, that is, even a few judges of this chamber, and not a complete composition, it gives the opportunity to act – he added.
"The relationship with the past of prosecutors can not influence their work"
When asked when the resolution goes to the president, the president of the National Court Register answered that it is asking for a detailed study, which will last "several tens of days". When asked why the election of the candidacy was secret, he stated that this was allowed by the regulations and decided purely technical issues.
Mazur, when asked how he judges the fact that the majority of the selected candidates are prosecutors, replied that the selected persons are "prosecutors with the highest qualifications". Asked about the issue of the independence of prosecutors, subordinate to the Minister of Justice to the Attorney General, he said that the ultimate judge of the Supreme Court would mean that the relationship with the past & # 39; can not influence their work.
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