Supreme Court: third fine for former chairwoman over delays
Former head of the State Tribunal fined for a second time for failing to convene a full panel. The case concerns the disqualification of one judge.
Supreme Court: third fine for former chairwoman over delays
In Warsaw, the State Tribunal has imposed a fine on former chairwoman Małgorzata Manowska for yet another time. The reason was the failure to organise a meeting of the institution's full panel.
The case began in March when three judges examining a motion to disqualify Piotr Sak from adjudication decided to refer a series of legal questions to all members of the Tribunal. Judge Przemysław Rosati, who was conducting the proceedings, then called on Manowska to convene such a gathering no later than the beginning of April. She faced a contempt fine for disregarding this obligation.
However, the designated deadline passed without any action. Consequently, on 8 April, a three-judge panel fined the former chairwoman 3,000 złoty and gave her another chance – until 11 May. This deadline was also exceeded. On 12 May, the State Tribunal imposed a second fine of the same amount and set a new deadline for 9 June. Again, the meeting did not take place.
On Wednesday 11 June, Judge Rosati announced the decision on the third financial penalty. In justifying it, he emphasised that Manowska had had a real opportunity to convene a full panel until the end of her term, which was 26 May. Instead, she caused the permanent blocking of decisions on important legal issues and maintained this state until the last day of her tenure.
Manowska's term as First President of the Supreme Court and simultaneously chairwoman of the State Tribunal ended on 26 May. Zbigniew Kapiński was selected to replace her.
The decision on the third fine is not final. The former chairwoman may still file an appeal.
On Wednesday evening, in the Polsat News programme, the new head of the State Tribunal was asked about the date for convening the full panel. He replied that he first needs to familiarise himself with ongoing matters and problems at the institution. He assured, however, that after sorting out organisational matters, steps will be taken to ensure the proper functioning of the Tribunal. When asked when the situation would be resolved, he answered: "Certainly this year."
The next session of the three-judge panel of the State Tribunal in the matter of Judge Sak's disqualification was scheduled for 29 July. The Tribunal appealed to the new chairwoman to urgently convene a full panel, deliberately not specifying a deadline, taking into account that Kapiński had only just taken up the position.
It is worth noting that in mid-March Manowska stated in a statement that expecting a decision on such a complex matter within one and a half months would be evidence of naivety, and the entire situation has political roots.
The legal doubts concern the manner of constituting adjudicating panels in the State Tribunal. According to the three-judge panel, these rules should derive from the statute and regulations, not from the chairwoman's directive.
Source: Interia
Source: Interia