On the afternoon of June 18th, 2024, the Minister of Justice sent emails to the Regional Court in Warsaw, informing them of his intention to dismiss and suspend several judges from their roles, including:
a) The President and all five Vice-Presidents of the Regional Court in Warsaw,
b) Presidents and Vice-Presidents of six District Courts in the Capital Province of Warsaw.
On June 18th, 2024, the letters received from the Minister of Justice lacked specific allegations and contained only brief, general statements. That evening, the Collegium of the District Court in Warsaw convened and delivered an unfavorable opinion on all motions to dismiss the presidents and vice presidents of the courts.
On June 26th and 27th, 2024, the Minister of Justice informed all presidents and vice presidents of the Warsaw district courts that he had rescinded his decision to dismiss and suspend them, which had been communicated on June 18th, 2024.
On Thursday and Friday, June 27th and 28th, 2024, and Monday, July 1st, 2024, the judges who had their suspensions lifted returned to their roles as Presidents and Vice Presidents in their respective courts.
Please remember the following information:
On July 1st, 2024, at approximately 4 pm local time, the Minister of Justice emailed the presidents and vice presidents of various District Courts in Warsaw. These emails were similar to the ones sent on June 18th, 2024, except for the updated date and reference number. They once more conveyed the intention to remove and suspend the Presidents and Vice-Presidents of the Courts of Law. Later that evening, the Collegium of the District Court in Warsaw reconvened, expressing a disapproving stance on all the letters the Minister of Justice sent. Furthermore, the Collegium adopted a resolution underscoring the unlawful nature of the Minister’s repeated actions and their repercussions on the courts and citizens.
In a surprising turn of events, the Minister of Justice blatantly ignored the opinion of the Collegium. Subsequently, on July 8th, 2024, a judge appointed by the Minister as a temporary acting President of the Regional Court in Warsaw convened another meeting of the Collegium to seek their opinion on the same matter for the third time. The meeting was set for July 15th, 2024, when most of the suspended Presidents and Vice-Presidents of the Courts of Law were on medical or vacation leave.
The suspended Presidents and Vice-Presidents took a significant step by lodging complaints with the Chair of the National Council of the Judiciary and the Commissioner for Human Rights on July 11th, 2024, citing violations of their labor rights.
On July 15th, 2024, the Collegium of the District Court in Warsaw, under the instruction of the Minister of Justice, issued its opinion on the Minister’s letters for the third time. However, this time, the suspended Presidents and Vice-Presidents of the Courts were not allowed to be heard as they were on medical or vacation leave, despite their requests to reschedule the Collegium to enable their participation, as is their legal right. According to the Law on the Organization of Common Law Courts (Article 27, paragraph 4), the Collegium must hear these judges before providing an opinion on the Minister’s letters. It’s important to note that the composition of this Collegium has changed due to interference from the Minister of Justice. This time, the District Court Collegium gave a positive opinion on the Minister’s letters, except in three cases.
On July 16th, 2024, the Minister of Justice dispatched emails to the courts containing decrees that resulted in the premature termination of the suspended Presidents and Vice-Presidents of the Courts from their appointed positions.
Provisions of the Act the Law on the Organization of Common Law Courts
The Law on the Organization of Common Law Courts was egregiously violated in this case. It states that the Minister of Justice can only remove a court’s President or vice president during their term in exceptional circumstances where their continued service endangers the welfare of the justice system. In such cases, the Minister needs a positive opinion from the Collegium of the District Court for the removal. However, if the Collegium’s opinion is negative, as in the case dated June 18th, 2024, the Minister must obtain the consent of the National Council of the Judiciary. Notably, the Minister cannot repeatedly seek the Collegium’s opinion using the same arguments without involving the National Council of the Judiciary.
Additionally, any President or Vice-President facing removal must have the opportunity to be heard at a Collegium meeting before a final decision is made. This Law was egregiously violated, as the removed Presidents and vice presidents were not allowed to appeal the Minister’s decision. This denial directly conflicts with European Union law and the Polish Constitution. The Polish Constitutional Tribunal will announce a verdict on July 25th, 2024.
