The Neosier of SN Zbigniew Kapiński received a disciplinary charge for trying to take distant the legal Chamber of Labour of SN of the issue of the extinguishing of the mandate of associate of Mariusz Kamiński. This is the second individual from the management of the SN who has a disciplinary officer; Margaret Manowska was besides accused of akin charges.
Charges against Zbigniew Kapinski
Discipline charge of neojudge Zbigniew Kapiński, acting president of the Criminal Chamber, placed a disciplinary spokesperson for SN judges Andrzej Tomczyk on 2 August 2024. Tomczyk, who is simply a legal judge, accused Kapiński of a professional misconduct in Article 72(1)(1) and (5) of the ultimate Court Act. Point 1 refers to “an apparent and gross image of the law” and point 5 concerns “a deficiency of dignity as a judge”.
Reason for the charges
The disciplinary officer refers to the decision of Kapinski in January 2024. At the time, appeals of PiS Members, Mariusz Kamiński and Maciej Wąsik, were received to the SN, from the decision of the Marshal of the Sejm to expire their mandates. They lost their parliamentary credentials after a final conviction for illegal action by the CBA regarding the land scandal.
Kamiński's appeal went to the legal Chamber of Labour and Social Insurance, which considered that he was not a Member. On the another hand, Wąsik's appeal was transferred to the illegal home of Extraordinary Control and Public Affairs, which ruled that Wąsik was inactive an MP.
Taking over Kamiński's case
At the time, erstwhile Małgorzata Manowska, the president of the SN, was absent, Zbigniew Kapinski tried to take over the Kamiński case, issuing an order that the competent individual for examining Kamiński's appeal was the Chamber of Control. Kapinski felt that there was a competence dispute he had to settle.
Notification of legal judges
A group of legal judges of the SN submitted a announcement to the disciplinary spokesman, accusing Kapiński of violating the rules and claiming that there was no competency dispute. According to them, specified a dispute occurs only erstwhile no of the Chambers want to identify the case. A disciplinary spokesman, considering that there was no competence dispute in the Kamiński case, accused Kapiński of violating the rule of transferring files to the Chambers set out in Article 28 of the Law on SN. This provision states that if the president of the SN considers that the substance does not fall within the competence of the House, it shall forward it to the competent House.
Responses to allegations
"I am glad that the disciplinary spokesperson has shared the argument in the justification of our motion. But this is the beginning of the road," said justice Jarosław Matras, 1 of the authors of the motion to the disciplinary spokesperson. A disciplinary substance will be recognised by the Chamber of Professional Responsibility, in which most neojudges have a neojudge.
Charges against Margaret Manowska
This is the second discipliner for the individual from the current management of the SN, who was elected by president Andrzej Duda. A akin charge was besides raised against Margaret Manowska, neojudges in the position of president of the SN. In February 2024, SN's disciplinary spokesperson accused her of the way she managed the work of the SN College, in which the representatives of each SN home sit.
Controversy around Manowska
Legal judges of the SN refused to participate in the work of the College, protesting against the frostbite of the work of the illegal Disciplinary Chamber in July 2021, following the judgement of the TEU, in which it was deemed that the home was not a court. Nevertheless, Manowska included them in the quorum of the College and considered that they abstained, allowing the College to proceed. A disciplinary spokesperson accused her of manifest and gross disregard for the law and of the deficiency of the dignity of the judge's office, claiming that she had proved false in the papers and acted against the public interest.
Meaning of discipliners
These 2 discipliners are the first specified cases for influential NS neojudges since the appointment of Małgorzata Manowska as president in 2020. Earlier, Manowska demanded that the disciplinary spokesperson prosecute legal SN judges, including the president of the Labour and Social Insurance Chamber Piotr Prusinski, for defending the independency of the SN and applying European law.
The case of Kapiński and Manowska discipliners emphasizes tensions and controversy in the ultimate Court and the fight for the regulation of law and independency of the judiciary in Poland.
Kapinski is threatened by another discipliners
Zbigniew Kapinski, who is the president of the Criminal Chamber, may face another disciplinary officer. Legal judges from the Criminal Chamber Jarosław Matras and Tomasz Artymuk filed in May 2024 a announcement to the disciplinary spokesperson concerning the order issued by Kapiński. It dealt with the prosecution's requests to exclude the NS neojudges from case recognition.
Kapinski, as a neojudge, decided that specified applications would not be recognized by all judges of the Criminal Chamber according to the order of influence. Instead, they were to be transferred to the president of SN Margaret Manowska, who was to appoint judges from another chambers. Judges Matras and Artymicuk consider that the intent of this decision was to prevent legal judges of the Criminal Chamber from examining applications for the exclusion of neojudges in accordance with the rules. Instead, the justice designated by Manowska was to do so.
However, Kapinski did not halt with this order. In July 2024 he released another, concerning the resumption of cases already completed by neojudges. He felt that he would himself indicate who would regulation on specified matters with the chief judge, or referee who received the case.
Such a decision shall mean a manual influence on the composition of the court and the protection of the neojudges of the SN. At the same time, it deprives the parties of the right to be heard by an independent and impartial court established by the law. The Constitution and European law warrant this right to citizens. The court with neojudges, especially the neojudges of the SN, does not meet these criteria.
Right to an independent court
The Kapiński Regulations origin serious controversy as they undermine the fundamental principles of the regulation of law. In accordance with Article 45 of the Polish Constitution, everyone has the right to a fair and open trial by an independent, impartial and independent court. akin guarantees are contained in Article 6 of the European Convention on Human Rights. Kapiński's decisions can be seen as a violation of these rights as they introduce mechanisms that can affect the impartiality and independency of the judiciary.
Effects of the Kapiński Decision
The decisions of president Kapiński have far-reaching consequences for the Polish judicial system. The introduction of regulations that let the appointment of judges outside the Criminal Chamber to examine applications for the exclusion of neojudges may lead to erosion of trust in courts and the legal system. The impact on the composition of the court by 1 person, especially in the context of controversy around neo jurisprudence, raises concerns about the deficiency of transparency and the anticipation of manipulation.
Responses to Regulations
Reactions to the Kapiński decree vary. A part of the legal community criticises them as an effort to defend neojudges and manipulate the composition of the court, which may consequence in further disciplinary action. On the another hand, neo-Judge supporters may view these decisions as essential to safe their position in the face of increasing criticism and attacks.
Conclusion
The case of orders issued by president Kapiński is simply a key example of tensions in the Polish judicial system. The introduction of mechanisms that may affect the independency and impartiality of courts poses a serious challenge to the regulation of law. The reflection of further improvement of this situation will be crucial for assessing the state of Polish democracy and its legal institutions.
Continued here:
SN Neos justice Zbigniew Kapinski heard disciplinary charges
