MEDEL has sent a letter to EU Commissioners Vera Jourova and Didier Reynders, about the disciplinary proceedings against Polish Judge Igor Tuleya, demanding an immediate action from the European Commission:
To Her Excellency Ms. Vera Jourová, European Commissioner of Values and Transparency and His Excellency Mr. Didier Reynders, European Commissioner of Justice.
Your Excellencies, While the whole legal community in Europe welcomed the European Court of Justice’s decision of 8 April 2020 obliging Poland to suspend the activity of the Disciplinary Chamber of the Supreme Court with regard to disciplinary cases concerning judges, Polish authorities openly ignore it.
The European Court of Justice suspended the application of the provisions of Article 3(5), Article 27 and Article 73(1) of the Supreme Court Act of 8 December 2017. Article 27, inter alia, constitutes the basis for the jurisdiction of the Disciplinary Chamber of the Supreme Court in both the first and second instance in “the waiver of judge’s immunity” cases (art. 27§1.1a).
However, under the presidency of Małgorzata Manowska (newly appointed – in dubious proceeding – First President of the Polish Supreme Court), one of the first decisions was scheduling the hearing in Judge Igor Tuleya’s case, regarding the waiver of his immunity. Seen the ECJ decision, the arguments of Mr Aleksander Stępkowski (newly appointed spokesperson of the Supreme Court) – according to whom the waiver of immunity is not under the scope of ECJ’s interim measures decision – are not right.
It is also important to highlight, that scheduling the hearing to June 9th seems to be intentional. According to Polish officials’ statements, travel restrictions might be softened not sooner than June 15th. It means that international human rights observers will not be able to participate in Igor Tuleya’s hearing.
MEDEL addresses you, Your Excellencies, to respectfully call for an urgent reaction from the European Commission, and the implementation of all the possible instruments enshrined in the Treaty on European Union.
To prevent further deterioration of the EU’s core legal system, it is imperative for the Commission to act without delay.
MEDEL is sure that you will take the facts that we now bring to your attention in full consideration.
Yours sincerely,
Filipe Marques
(President of MEDEL – Magistrats Européens pour la Démocratie et les Libertés)
May 30th, 2020.