Warsaw Appeal Court rules that Judge Tuleya can adjudicate

JULIEN WARNAND/PAP/EPA

The Warsaw Appeal Court has ruled that Judge Igor Tuleya, who was stripped of his immunity in November by the Supreme Court's Disciplinary Chamber, has the right to issue rulings.

The Warsaw Appeal Court's decision was announced on Facebook by the Iustitia judges' association.

The prosecution had called for Tuleya's immunity to be waived as it wanted to press charges against the judge in connection with accusations of disclosing information from preparatory proceedings, as well as personal data and the testimony of a witness, which according to the prosecution jeopardised the course of an investigation regarding the December 2016 proceedings of the Sejm (lower house of parliament).

Tuleya had been stripped of his immunity, and suspended with a 25-percent pay cut by the Disciplinary Chamber of Poland’s Supreme Court, a body whose authority he had questioned before the Court of Justice of the European Union, which ruled in his favour.

"Igor Tuleya has remained without interruption a judge of the common court of the Republic of Poland, with this office's immunity and the right to adjudicate," an extract of Wednesday's ruling by the court reads.

The decision to appeal the Disciplinary Chamber's ruling had been contested by the national prosecutor, but the court said the prosecutor's position was "clearly unfounded" and upheld the procedure.

The court ruled that the waiver of Tuleya's immunity could only be performed by a legally-empowered, impartial and independent court as part of a fair and open evaluation of the case, but "the Disciplinary Chamber has none of these properties."

Judge Tuleya told PAP that the appeals court had confirmed "what most lawyers and judges knew from the start, that the so-called Disciplinary Chamber is not a court and its rulings are not court verdicts only decisions that nobody should be bound by."