The Bar Council and the Bar Human Rights Committee have written to the Polish President and Prime Minister, and Marshals of the Senate and Sejm ahead of a scheduled hearing of a motion filed by the National Prosecution Office to the Disciplinary Chamber of the Supreme Court to waive the immunity of Judge Igor Tuleya.
On 8 April 2020 the European Court of Justice ordered Poland must immediately suspend the application of the national provisions on the powers of the Disciplinary Chamber of the Supreme Court with regard to disciplinary cases concerning judges.
The letter calls for the arbitrary motion against Judge Igor Tuleya to be withdrawn without delay, and for the hearing proposed for 9 June to be cancelled. The letter states: “to proceed will entail a serious violation of EU law and of Poland’s binding treaty obligations. Moreover, it will constitute irreparable harm to the notion of an independent judiciary in Poland, and therefore cause serious damage to the rule of law.”
The Bar Council and BHRC first wrote to Polish authorities on 19 March 2020 on the worsening rule of law crisis in the country, including the proceedings against Judge Tuleya.
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