The appointments made by Minister of Justice Waldemar Żurek have just been reviewed. The Supreme Court did not endorse the legality of the minister’s decision, allowing the participation of the legitimate Disciplinary Officer of Common Court Judges and his Deputy – judges Piotr Schab and Przemysław Radzik.
Just two days after Minister of Justice Waldemar Żurek appointed Joanna Halina Raczkowska, judge of the District Court for Warsaw-Mokotów in Warsaw, to the unvacated post of Disciplinary Officer of Common Court Judges, the legality of this decision was verified. Thursday’s ruling of the Supreme Court speaks volumes in this regard.
This concerns cases before the Chamber of Professional Accountability of the Supreme Court. As reported by Lawyers for Poland, the Disciplinary Officer of Common Court Judges, judge Piotr Schab, was admitted to take part in the proceedings.
“This clearly confirms that the sole legitimate Disciplinary Officer of Common Court Judges remains judge Piotr Schab,” they explained.
At the same time, they pointed out to the minister that any attempts to appoint other persons – including judge Joanna Raczkowska – are entirely unlawful and have no basis in the existing legal order.
“Today’s admission of judge Piotr Schab to the proceedings by the Supreme Court constitutes further proof that all ‘appointments’ made outside the statutory procedure are null and void and produce no legal effects,” the statement reads.
“Today, before the Chamber of Professional Accountability of the Supreme Court (SN) in Warsaw, a hearing was held regarding the complaint of Applicant Krzysztof Nawrot against the Supreme Court’s resolution of November 26, 2024 (case no. I ZI 65/23). The Court decided to adjourn the session.
What is crucial is that the Disciplinary Officer of Common Court Judges, judge @SchabPiotr, was admitted to participate in the case. This clearly confirms that the sole legitimate Disciplinary Officer of Common Court Judges remains judge @SchabPiotr. It must be emphasized that any clumsy attempts to appoint other persons – including judge Joanna Raczkowska by Minister @MS_GOV_PL @w_zurek – are entirely unlawful and lack any basis in the current legal order. In the Polish legal system, there is no institution of a ‘parallel’ disciplinary officer, and such actions are purely superficial and without legal effect. Today’s admission of judge @SchabPiotr to the case by @SN_RP is further proof that all ‘appointments’ made outside the statutory procedure are null and void and produce no legal consequences. In a state governed by the rule of law, the principle of legality (Article 7 of the Constitution of the Republic of Poland) applies, meaning that public authorities act solely on the basis of and within the limits of the law. Attempts to create fictitious institutions – contrary to the Constitution and statutes – amount to instrumental use of the law for short-term political purposes.
A few hours later, Judges of the Republic of Poland added:
The bold moves by @w_zurek made no impression on @SN_RP: judge @ZRDSPSchRadzik was admitted to the hearing as Deputy Disciplinary Officer of Common Court Judges. This marks the second defeat today for @MS_GOV_PL and the usurper Raczkowska.”
