Judge torn documents. Maciej Nawacki wins in the Supreme Court, will not lose immunity
The Supreme Court of Poland ruled that Judge Maciej Nawacki will retain his immunity despite tearing up a document during a judges' assembly.
In a significant ruling on Wednesday, Poland's Supreme Court decided that Judge Maciej Nawacki will not lose his judicial immunity following an incident where he tore up a document during a gathering of judges in Olsztyn back in February 2020. The court's Accountability Chamber, led by Judge Marek Siwek, determined that the action did not initiate any legal proceeding nor could it invoke any legal consequences. Siwek emphasized that the social harm caused by Nawacki's actions was minimal, and thus did not meet the threshold for an abuse of power.
The incident in question took place at a meeting of judges where Nawacki, then the president of the District Court in Olsztyn, publicly tore a document submitted by 31 judges, which requested the addition of votes on three resolutions to the agenda. This dramatic act was interpreted as an attempt to silence dissent and dismiss proposals that were not in line with his judicial philosophy. While the prosecution had sought to pursue action against him, the Supreme Court's ruling effectively closes that chapter, allowing Nawacki to continue his role without legal repercussions.
This judgment may have wider implications for the Polish judiciary, particularly in the context of ongoing debates about judicial independence and accountability in Poland. Critics have increasingly voiced concerns over the politicization of the judiciary and instances of judges being shielded from scrutiny. Nawacki's case reflects these tensions, and the decision to uphold his immunity raises questions about the potential for judicial misconduct to go unchecked, impacting the overall rule of law in the country.