An attempt to transfer Judge Żurek. The president of the court took the floor



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  • Yesterday's attempt of the president to obtain the opinion of the SO college regarding the transfer of Judge Żurek ended in failure – the college refused to issue an opinion [19659002] Another attempt by the president to take Friday this Friday
  • Judge Sam Żurek points out that the president's statement is "inherently contradictory". – Either I do not have experience, or I strengthen the department I let the president decide something – he says
  • An attempt to change his responsibilities of "harassment" and "grilling continuation"

When yesterday we wrote about the first attempt to transfer Judge Żurek to the Civil Department, himself, in an interview with Onet, explained: I must be a pig from India. – My example shows how it will be possible to grill any other judge who will say or do anything for the authorities – he said. – The president "de Ziobro" will decide to pass, even from the criminal to the civil division, and will refer to the national register of the court, also composed of relatives of Minister Ziobrze – he stressed, recalling that after the recent changes of law, the appeal against the decision of the president of the court no longer to the college of the court, but to the council. Judge Żurek was a spokesperson for the previous National Register of Courts, dismissed during his tenure. When the new composition appeared for the first time in the National Council building, there were "jokes" for "wiping the Żurek chair".

Judge Żurek added that the actions of the new president are perceived as harassing. – I'm supposed to be the first one, I'm supposed to be an Indian pig, on whose example the authorities want to show other judges that they "do not kick" because they will be treated "as Żurek" – he said. The President explains: the need to strengthen the civilian staff

Dagmara Pawelczyk-Woicka, president of the city of Krakow in a statement today, convinces her that the plan provides to move the judge Żurek The civil division of the court Krakow district is struggling with the problem of the lack of long-term control. (…) At the level of the district court, the transfer of judges from other departments (criminal, family, labor and social security) because of the considerable degree of specialization of judges and their vast judicial experience is a last recourse ", can we read. In addition, Judge Pawełczyk-Woicka argues that "because of the bad situation in the civil department, she – as the president of the court – sees" the need to strengthen the staff of the civilian division, by moving the judges and auxiliary staff ". And hence the plan that Judge Żurek, currently judging also in the civil division, will be there, but in the second division of appeal. Here, the situation, as the president of the court points out, is also difficult, but not as much as in department I. Let us add that President Pawełczyk-Woicka, as his deputy, Judge Paweł Styrna is delegated to the second department . little experience "?

It's just that, wanting to strengthen the staffing of the first department, the president notes at the same time that Judge Żurek has" little experience in the first instance As Judge Pawełczyk-Woicka mentioned, most of the time, as an evaluator and judge, for more than 20 years, Judge Żurek has mainly ruled on appeal. </ P> <p> first thought (where he must now strike-ed.), According to the SO chairman in Krakow, only "in minor civil cases." And meanwhile, the Civil Department – as the president himself asserts – "recognizes cases of high weight of species, arousing considerable public and media interest." Why should a judge, who, according to the president, has "little experience," should he go to him? Does "inexperienced" judge have the power to strengthen cadres?

Another thing, President Pawełc zyk-Woicka previously wanted to transfer to the civil division the judge who had the shortest internship. Now, planning to transfer judge Żurek, the president chose a person with almost the longest internship in the appeals department

Żurek Judge: it's grotesque, the citizen will suffer

Commenting on the further attempts to transfer him to another faculty, judge Żurek hetero: "it is already grotesque". – The President does not take into account the fact that I have already scheduled hearings in my current department for September, which I've already started preparing – she points out. "And if I am moved, then someone will have to replace me in his diagnosis, otherwise they will fall off the list.And then the affairs of specific people will be extended, only that their fate does not care. As Judge Żurek explains, the ministry's postulates indicate that judges should specialize as much as possible in a given area in order to recognize legal problems and specific problems quickly and effectively., Human affairs were going faster. " And you ask me, after years of work in the appeals department, to suddenly learn completely new details and completely new problems – says Judge Żurek. – That's why I see here a second obvious background And all this to the detriment of "Ordinary Kowalski" – he points out – Already now, as the statistics show, the processing time of the court cases has expanded.This is the responsibility of Minister Zbigniew Ziobro, who for many months has not announced any contests for vacant judicial positions – he argues.

The judge notes that the courts have experienced dramatic staff shortages. – They were there for the new KRS to introduce new people to the courts, those with the seal "People of Minister Ziobro" – Judge Żurek

"They want to catch me at school"

of the district court, appointed chairman of the department by the new president. In the past, Judge Żurek strongly opposed his appointment, now he will become his subordinate. – It is probably obvious to everyone that I am moved so that the district judge appointed by the new authority, who manages the "district" judges in this department tried to surprise me about a miscarriage of education – says the judge Żurek. – Because up here, despite the action of the CBA, the Treasury or the Ministry, they did not find anything – this confirms

Let's add that if Friday the board of directors of Krakow gives an opinion – positive or negative – on the request of Judge Żurek he can appeal only to the national register of courts. And even if he has the right to appeal at all, because there are already doubts about the transfer to another faculty within a division (here in red civilian) – the Right of appeal is available in general.

We present in full the announcement of the President of SO in Cracow, Judge Dagmara Pawełczyk-Woicka

Announcement of the President of SO

of July 31, 2018

in relation to the emerging media reports concerning the transfer to the 1st civil department of SO in Krakow SSO Waldemar Żurek

Related to the articles published on the site:

http://krakow.wyborcza.pl/krakow/7,44425,23734896,prezes- sadu-z-nominacji-ziobry-chce- transfer judge waldemara.html disableRedirects = true

https://wiadomosci.onet.pl/tylko-w-onecie/waldemar-zurek-mam-byc-krolikiem-doswiadczalnym/44lw8rf

https: // oko.press/nominatka-ziobry-w-krakowie-chce-zdegradowac-sedziego-zurka/

I explain the following:

The Civil Division of the District Court of Krakow is struggling with the problem of not controlling the influence for a long time. The immediate consequence is the steady increase in the impact of civil cases and the increasing degree of their complexity.

The opposite trend is observed in the criminal division.

At the level of the district court, transfer of judges of other divisions (criminal, family, trade union and social) In this respect, I see the need to strengthen the civilian staff, both by displacing judges and auxiliary staff (assistant judges, officials)

. I Civil Department, as well as the 2nd Civil Department – Appeal

A much worse situation prevails in the 1st civil department, which recognizes cases of high weight of species, which gives rise to considerable social and media interest. At the end of 2017, two judges with the best results at work were delegated to rule at the civil department of the Krakow Court of Appeal, which represented a significant loss for the said department

Already in the spring of 2018. I tried to transfer another judge to this department by following the criterion of the shortest internship. Unfortunately, my decision was revoked by the Krakow Court of Appeal. I led 6 additional assistants to this department, which was criticized by some members of the College of Social Sciences of Cracow, and in particular by Judge Waldemar Żurek

At the SO College meeting, the July 30, 2018, two judges were transferred. return of a long-standing delegation of KSSiP and SSO Waldemar Żurek, both from the First Civil Department

The proposal to transfer these judges was substantively justified. The judge returning from the delegation and Judge Waldemar Żurek (who remains on leave for several months) have no papers in the 2nd department. In addition, the decisive case of Mr. Waldemar Żurek

was the limited judicial experience of the judge at first instance. The conduct of the Judge Judge's service indicates that for more than 20 years, the Judge and the Judge Judge ruled on the appeals.

Only in two periods, he ruled at first instance on all civil matters as a trial judge. This was during the auction, namely from 10 November 1997 to 31 December 1999 (first civilian division of the Krakow District Court – Śródmieście in Krakow) and from 20 May 2003 to 15 April 2004 in the first civilian department. From the Krakow District Court

During the remaining period of service, Waldemar Żurek was a judge with reduced functions (chairman of the department) in minor civil cases (former municipal services) and judge of appeal (labor appraisal). other judges). reducing the distribution of cases as spokesman of the Krakow District Court (from 16 April 2004 uninterrupted until early 2018). These periods straddled the judge's delegations during which the judge did not rule:

– at the Ministry of Justice – from 1 November 2002 to 19 May 2003, where he returned to the decision of the court of Krakow

; ] – at the National School (KSSiP) – from May 4, 2008 to September 3, 2009

– at the National School (KSSiP) from June 1, 2010 to September 30, 2010, while the judge was already sitting in the National Council of the Judiciary and at the same time spokesperson of the Krakow District Court

The use of the term "degradation" in reference to the judgment in the first civilian department is at least inappropriate and results from a poor understanding of the specificity of the judge's work. Civil section II of the appeal recognizes civil remedies against decisions of district courts. However, this court is not a court of law, but a court of fact resulting in provisions governing the appeal process.

As I have already said, the situation in the second department is not good, but it is relatively easier to reduce the backlog. . The Recourse Department relies on the support of district judges who also serve in this department (in addition to work in the parent courts) to deepen their judicial experience.

However, to combine the work in a county court with the department of first instance of the district court

The case of Mr. Waldemar Żurek was discussed at the Collegium of Justice of Krakow on July 30, 2018, because I wanted allow Mr. Judge to seize the Krakow Court of Appeal Panel. After the entry into force of the provisions amending the law on the system of ordinary courts, the appeal will only apply to the National Council of the Judiciary

SSR Dagmara Pawełczyk – Woicka [19659044] President of SO

in Krakow

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(pmd)

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