Politics

Five judges from Warsaw Court of Appeal dismissed by justice minister

Adam Bodnar, Poland’s justice minister and prosecutor general, has recalled five judges from their posts at Warsaw’s Court of Appeal, the justice ministry has reported.

Since assuming office on December 13, 2023, Bodnar has implemented several measures to reverse the extensive changes to the Polish justice system that the former right-wing and socially conservative government, dominated by the Law and Justice (PiS) party, had introduced.

These steps include reforming Poland’s prosecution service, as many prosecutors’ offices were manned by PiS loyalists, according to critics.

In early January, Bodnar removed the national prosecutor, Dariusz Barski, from the post and withdrew a total of 144 prosecutors from their assignments, including 94 from the National Prosecutor’s Office and 50 from Regional Prosecutors’ Offices.

In a further move on Thursday, he withdrew five judges from their assignments at Warsaw’s Court of Appeal, including the head of the National Council of the Judiciary (KRS), the justice ministry reported.

The reason for the five judges’ dismissals, the justice ministry said, “is the lack of appropriate jurisprudential experience enabling them to adjudicate in the court of appeal.”

Among the dismissed judges is Dagmara Pawełczyk-Woicka, the head of the National Council of the Judiciary (KRS), whose members, under the PiS government, were nominated by politicians and not, as previously, elected by judges themselves.

In 2022, the Supreme Court found that the new KRS was not compatible with the constitution.

The European Court of Human Rights and the Court of Justice of the EU have also found irregularities in the procedure for appointing KRS judges.

On Thursday, the justice ministry said that Pawełczyk-Woicka had been appointed by the president as a judge of the Regional Court in Kraków following a competition procedure adjudicated by the KRS, which was “incorrectly established by an act on December 7, 2017,” and of which she was a member at the time of the competition procedure.

Then, on November 1, 2023, the Court of Appeal in Warsaw assigned her to carry out judicial duties.
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