The case begins in 2016, erstwhile Prof. Małgorzata Manowska, inactive a justice of the appeal court, was appointed by the Minister of Justice Zbigniew Ziobra as manager of the National School of Judiciary and Public Prosecutor's Office. She held office until May 2020. For this she received respective 1000 zł of function and peculiar allowance per month. In October 2018, she was appointed to justice the ultimate Court. The Minister then handed her a fresh delegation to service as manager at the KSSiP – already as a justice of the SN.
The opposition was expressed by then I president of SN Margaret Gersdorf. She argued that Manowska, as a justice of the SN, could not service as manager of the KSSiP and thus be under the service of the Minister of Justice. Prof. Manowska had a different opinion. As a result, she continued to head the Kraków School, but did not receive any additional remuneration from the SN for performing this function. The justice went to court.
Manowska won't get late pay
On Thursday the Warsaw territory Court dismissed Manowska's lawsuit. “The action was, of course, unfounded in its entirety,” said justice Mariusz Solka.
In the explanatory memorandum, he pointed out that the defendants in this process – the Ministry of Justice and the National Judicial School and the Public Prosecutor's Office – are not obliged to pay Manowska's functional allowance for her acting as manager of the KSSiP during the delegation from the SN – describes rp.pl.
The justice pointed out that the provisions referred to in Manowska's suit contain only the competence of the Minister to appoint the manager of the KSSiP, but do not indicate what effect this appointment has on the employment basis. According to the court, the defendants were not Manowska's employers as principals of this school.
– The defendants do not have passive credentials related to the service relation of the delegated justice to service as manager of the KSSiP," said justice Solka and stressed that the employer of the SN justice is the ultimate Court and that court should regulate all the allowances of these judges.
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