Today marks the expiry of the deadline set by the court in the enforcement proceedings for the execution of the final decision ordering Judge Igor Tuleya to be allowed to adjudicate in the Warsaw District Court. The removal of him from adjudication is unlawful, as it took place on the basis of a so-called resolution of the Disciplinary Chamber of the Supreme Court, which was not a court (it did not meet the criteria of independence from the executive). Prof. Michał Romanowski defending the rights of Judge Tuleya defends the rights of all of us. We all have the right to an independent court.
Being business lawyers, we know how important legal security is for business. Independent courts must be the only and final line of defence against the decisions of authorities who are increasingly bold in interfering with economic freedom. An infamous example is the law of 9 February 2022 amending the Code of Commercial Companies, the practical effect of which will be that the compatibility of the actions of company officers with its interests will be decided not by the shareholders, but by the prosecutor, and subsequently by the criminal courts. Professor Michał Romanowski has described in numerous scientific and press publications the importance of the freedom of business and the independence of courts as guarantors of this freedom from executive power (e.g. in an interview for Wyborcza.pl [LINK].
The European Court of Human Rights also guards the Polish courts and our rights. Prof. Michał Romanowski filed a complaint with the ECHR on behalf of Igor Tuleya, in which he alleges that the illegally suspended judge Tuleya was deprived of his right to a trial before an impartial and independent court. The judge cannot appeal against the orders of the court presidents blocking his return to work. The President of the District Court, Joanna Przanowska-Tomaszek, is ignoring the final protective order ordering that Igor Tuleya be allowed to adjudicate. She can also be expected to ignore the court’s order in enforcement proceedings. The next step will be to apply for a fine for failure to comply with the order with conversion to custody. A fine with conversion to custody has already been issued to Maciej Nawacki – the president of the Olsztyn District Court, who ignored the freezing order directing him to allow Pawel Juszczyszyn to adjudicate.
Judge Tuleya complains to the ECHR for blocking his return to court by Ziobra’s people [LINK].