Justice in Poland: judge critical of the government is allowed to make judgments again

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Igor Tuleya

Photo: Francois Devos/ imago images/Hans Lucas

A well-known Polish judge is allowed to participate in proceedings again after a decision by the Supreme Court and will again receive the full amount of his salary: the public prosecutor's office may not have the Warsaw district judge Igor Tuleya arrested in order to bring him before the investigators, the chamber for professional judges decided on Tuesday responsibility of the Court.

The status of his immunity could also be decided again.

In Poland, judges and prosecutors enjoy immunity.

Criminal prosecution is only possible if the immunity has previously been lifted by a court.

The 52-year-old lawyer Tuleya is one of the most prominent critics of the judicial reforms of the national conservative governing party PiS.

In November 2020, the now defunct, controversial Disciplinary Chamber of the Supreme Court decided that his immunity would be lifted, his salary reduced by 25 percent and that he himself would no longer be allowed to participate in proceedings.

The public prosecutor accused him, among other things, of exceeding his powers because he had admitted media representatives in the courtroom when the verdict was announced in a procedure that was unpleasant for the PiS.

The new Chamber of Professional Responsibility came to a different conclusion when examining Tuleya's decision at the time.

'The judge acted within the limits and on the basis of the law.

There can be no question that there is a reasonable suspicion of a criminal offense in this case," said the judge in charge, Malgorzata Wasek-Wiaderek.

In July, Poland abolished the disciplinary chamber of the Supreme Court under pressure from the EU Commission.

There were serious doubts in Brussels about the impartiality of this body, which could punish and dismiss any judge.

asa/dpa