Five judges of the Court of State (TS) want to convene a full-fledged gathering to discuss the request of the National Prosecutor's Office (PK) to waive the immunity of the president of the TS Małgorzata Manowska - confirmed her deputy, Jacek Dubois, in an interview with the Polish Press Agency. As he pointed out, the gathering is simply a "natural consequence" of the prosecutor's motion.
As the first information about the request of 5 judges, TS provided the Onet portal.
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Last week National Prosecutor’s Office requested waiving immunity And the president of the ultimate Court and the president of the Court of State, Margaret Manowska.
Meeting of the Court of State on Manowska Immunity. Dubois says "mistake in regulations"
According to Dubois, the current rules do not facilitate the convening of a full TS meeting. As he noted, as long as the president of the TS is excluded from recognizing an application to waive his immunity, the convening of a sitting of the Court falls within its competence. "(...) it seems to be specified a mistake in regulations" - he said.
- I'm sorry. We have a situation where the president is, as it were, obliged to hold a gathering on his own, which is why We wanted to make a request not to leave it in the hands of the individual concerned - explained Dubois.
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Meeting of the full composition of the Court should "Out of office" to call Manowska, but is obliged to do so also for an application (...) signed by at least 5 TS members - said the counselor.
- I'm sorry. We decided to run this procedure in a two-track andsubmit this request independently of its actions - forwarded the Vice-President to the TS. The proposal was signed by Jacek Dubois, Kamila Ferenc, Marek Małecki, Marcin Radwan-Röhrenschef and Przemysław Rosati.
What is the president of the Court of State obliged to do?
The Rules of Procedure of the Court of State states that, in cases falling within its jurisdiction, it is the president who is obliged to convene a full-time meeting within 45 days of the date of the written request by at least 5 TS members, unless separate provisions require a request from an authorised entity in a given case. The proposal shall be accompanied by a draft agenda.
The Court of Justice shall, by means of a resolution, agree to bring a associate of the Court of State to account, excluding the associate of the Court concerned. The resolution shall be adopted by an absolute majority in the presence of at least 2/3 of the members of the Court of State. According to the Constitution, the Court of State is composed of the President, his 2 deputies and 16 members elected by the Sejm outside the Members and Senators for the word of office of the Sejm.
The prosecution's allegations to Margaret Manowska
The requests to waive the immunity of Margaret Manowska concern suspected of committing 3 crimes. As the National Prosecutor's Office informed, the question is:
- excess of allowances in connection with votes at the College of the ultimate Court,
- failure to comply in the absence of a sitting of the Court of State and a failure to comply with the work arising from a final judgement of the court.
As far as the allegation related to the TS is concerned, six judges from the TS asked the president of Manowska to convene the full composition of the Court last March, as PK reported. The goal was repealing its current Rules of Procedure and adopting a new. The application was then lodged by a associate of the TS Przemysław Rosati on behalf of these six people. "Despite this president of the Court of State, Margaret Manowska, did not convene a full TS meeting" - handed over PK.
Manowska last June wrote in consequence to the TS members that, under the applicable law, a group of 5 TS judges could not request a general gathering of TS judges to amend the Rules of Procedure due to the fact that only the president of the Court of State is entitled to an initiative in this respect.
Requests to waive Manowska immunity went to Chamber of Professional work of the ultimate Court and to Court of State. This is due to the fact that Małgorzata Manowska is the president of the ultimate Court (SN) and the president of the Court of State (TS) due to the fact that by law I president of the ultimate Court is the president of the ultimate Court (SN). Therefore, as the prosecution explains, in the event of Manowska's intention to be held accountable, the approval of the Court of State and the competent disciplinary court should be obtained, in this case the Chamber of Professional Responsibility.
Request for the waiver of Manowska's immunity, addressed to the Chamber of Professional work in that court, has already been registered and received a signature. justice to be appointed late July - informed Maciej Brzózka of the ultimate Court press team.
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