Impartiality

Association

Stowarzyszenie Prokuratorów “LEX Super Omnia”  

 “Lex Super Omnia” Association of Prosecutors

Resolution from December 19th, 2019

Not available 

Judgment from November 19th , 2019

Guidelines/recommendations for prosecutors, follow up of CJEU Decision. 

Recommendation to initiate disciplinary proceedings against judges. Applying EU law as a disciplinary offence. 

Impartiality – Recommendations/guidelines for prosecutors – proper court (panel) composition – disciplinary proceedings 

NO 

Constitution;

Code of Criminal Procedure 

Code of Civil Procedure

Following the CJEU judgment from November 19th, 2019, The First Deputy General Prosecutor, the National Prosecutor asked in the internal instruction the heads of departments in the Prosecutor's Office to react immediately to all cases of questioning: a/ the status of judges adjudicating in the Supreme Court; b/judges of common courts appointed by the President of Poland at the request of the NCJ. 

He wrote also "The prosecutor's office must respond to attempts to disorganise the Polish and democratic justice system". And he requested that in such cases prosecutors should submit motions for exclusion of a judge, report such events to the Disciplinary Prosecutor and notify the Department of Judicial Proceedings of the National Prosecutor's Office each time.

The recommendation was not published on official (.gov) website. Still it is not published (as for June 20th)

After receiving such a document, the Association LSO published quoted resolution. 

Despite the hierarchical structure of the prosecutor's office, this position proved to be a very strong voice of the community, so the prosecution authorities had to withdraw (unofficially) from their previous position.

Quotations from the motifs of the resolution: 

“Nor do the Prosecutors, members of the Lex Super Omnia Association of Prosecutors, find any grounds for accepting, as set out in the letter of 16 December 2019, the expectation that a request will be made to exclude a judge or judges from the judgement in any case where the adjudicating court has doubts as to the legality of the court's composition. The grounds for exclusion of a judge are precisely defined in the procedures of particular branches of law. There is no prerequisite for the adjudicating panel or its individual members to express a legal opinion different from that expected by the prosecutor's superior”. 

“The Lex Super Omnia Prosecutors' Association emphasises that if the adjudicating court has doubts as to the compatibility of the composition of the court with the provisions of law, either within the meaning of Article 379(4) of the Code of Civil Procedure or Article 439(1)(1) of the Code of Civil Procedure. - the prosecutor should take a position according to his best knowledge and conscience. In doing so, it is inconceivable to omit the case-law acquis, and in particular the reasoning of the judgment of the Court of Justice of the European Union of 19 November 2019 in Joined Cases C-585/18, C-624/18, C-625/18 and the judgment of the Supreme Court of 5 December 2019, ref. III PO 7/18”.

“The Association of Prosecutors Lex Super Omnia states that the Law on Public Prosecutors does not provide for any involvement of a prosecutor, including the National Prosecutor, in disciplining judges. A law-abiding, impartial prosecutor may challenge court decisions only through admissible means of redress”.

“We find that the letter from the First Deputy Attorney General is also another example of the excessive association of the members of the Disciplinary Chamber of the Supreme Court with the executive, which disqualifies that body as a court”. 

The Lex Super Omnia Association of Prosecutors protests against the attempt to discriminate between prosecutors and judges and the progressive politicisation of the prosecution. Members of the Association will not be passive witnesses of an assassination attempt on the foundations of the political system of the Republic of Poland dressed in the appearance of legality.

Indirectly referred to, as the quoted rulings did. 

Not applicable 

Kind of an interpretation 

Not applicable

Templates #1, 2, 3, 14

http://lexso.org.pl/2019/12/19/stanowisko-stowarzyszenia-prokuratorow-lex-super-omnia-wobec-zalecen-prokuratora-krajowego-i-zastepcy-prokuratora-generalnego-skierowanych-16-grudnia-2019-r-do-prokuratorow-regionalnych-i-naczelniko/  

Jarosław Gwizdak INPRIS

1. (Final) Judgment III PO 7/18; (template #14)
2. Recommendation of Deputy Prosecutor General;
3. Resolution of the LSO Prosecutors Association.