September – December 2025 in progress
2024
August
August 2024
| Date | Event | Remarks |
|---|---|---|
| 29/08/2024 | The National Electoral Commission rejected the Law and Justice Party’s campaign report for the 2023 parliamentary elections and accused the party of irregularities in campaign financing to the tune of PLN 3.6 million. | The irregularities in campaign financing by the Law and Justice party, in the PKW’s opinion, allegedly involved the illegal use of money from the state budget for the Law and Justice party’s election campaign. Supporting the campaign from the budget consisted, among other things, of a spot by the former Minister of Justice – Zbigniew Ziobro – in which he informed about changes to the Criminal Code and praised government policy (financed from the state budget). The Law and Justice Party will have to return the disputed sum, i.e. PLN 3.6 million, to the state. The party’s grant, covering election campaign expenses, will be reduced at one time by PLN 10.8 million. Moreover, the party subsidy, which is paid annually for the entire term of the Sejm, will be reduced by PLN 43.2 million for all four years. The party’s total loss will thus amount to PLN 57.6 million. Former ruling PiS party to lose tens of millions of zloty over campaign spending violations Jest decyzja PKW. Będzie cięcie subwencji PiS |
| 29/08/2024 | The Minister of Justice dismissed the President of the Regional Court in Malbork – Katarzyna Chmura. | The dismissal was preceded by an appropriate proceeding. The College of the District Court in Gdańsk gave a positive opinion on the Minister of Justice’s requests. Press release of the Ministry of Justice |
| 27/08/2024 | The President of the Republic appointed a neo-judge as Chairman of the Assembly of Judges of the Civil Chamber of the Supreme Court. The President’s decision was countersigned by PM Donald Tusk. | The Prime Minister’s decision attracted massive criticism from judges, who expressed their surprise and disappointment at the PM’s action. As it turned out, the Prime Minister’s Office made a mistake and did not adequately review the document sent by the President’s Office. Wybór prezesa Izby Cywilnej SN – neo-sędzia na czele zgromadzenia z kontrasygnatą premiera Niezależni sędziowie i prokuratorzy o decyzji premiera: „Pogłębia chaos prawny” |
| 23/08/2024 | The Minister of Justice launched proceedings to dismiss the president of the Regional Court for Poznań-Stare Miasto in Poznań. At the same time, he decided to suspend him from his duties. | The Minister of Justice asked the College of the District Court in Poznań to express an opinion on the removal from office of Marek Szyszko, President of the Regional Court for Poznań-Stare Miasto in Poznań. A communiqué published by the Ministry of Justice gives the reasons for the decision to initiate the proceedings for the dismissal from the post of president of the Regional Court Poznań-Stare Miasto in Poznań. Press release of the Ministry of Justice |
| 22/08/2024 | The National Public Prosecutor’s Office launched investigations against the Disciplinary Officer for Common Courts’ Judges (Piotr Schab) and his deputies (Przemysław Radzik and Michał Lasota). | The Public Prosecutor’s Office accuses the Disciplinary Officer for the Common Courts’s Judges and his deputies of initiating and conducting unfounded disciplinary proceedings against judges who applied EU law and questioned the status of neo-judges. The investigation concerns proceedings from June 2018 to May 2024. Press release of the National Public Prosecutor’s Office Jest duże śledztwo ws. Schaba, Radzika i Lasoty. Za represje wobec 30 niezależnych sędziów |
| 22/08/2024 | The Minister of Justice launched proceedings to dismiss president of the District Court in Tarnobrzeg and four presidents and vice-presidents of the regional courts under the jurisdiction of the District Court in Tarnobrzeg | The Minister of Justice launched proceedings to dismiss president of the District Court in Tarnobrzeg and presidents and vice-presidents of the regional courts under the jurisdiction of the District Court in Tarnobrzeg and informed the College of the said court of his intention to dismiss: 1. President of the District Court in Tarnobrzeg – Barbara Rzekęć 2. President of the Regional Court in Nisk – Krzysztof Dęmbowski 3. Vice-president of the Regional Court in Nisk – Ewa Kopczyńska 4. President of the Regional Court in Stalowa Wola – Anna Polańska-Ziobro 5. Vice-President of the Regional Court in Stalowa Wola – Liliana Hamer As a result of the initiation of the procedure for removal from their positions, the named judges were suspended from their duties. Bodnar kończy wymianę kadrową w sądach na Podkarpaciu. Odwoływani są prezesi z sądów Tarnobrzegu |
| 22/08/2024 | The ODIHR, at the request of the Minister of Justice, prepared an opinion on consequences of rulings issued by neo-judges. | Press release of the Ministry of Justice Text of the Opinion |
| 22/08/2024 | The Minister of Justice appointed Arkadiusz Trojanowski as President of the District Court in Krosno. | Press release of the Ministry of Justice |
| 20/08/2024 | The District Court in Warsaw upheld a ruling by the Regional Court for Warsaw-Śródmieście in Warsaw ordering the First President of the Supreme Court to remove from the Supreme Court’s website the decision of the Disciplinary Chamber to suspend Judge Paweł Juszczyszyn. | The First President of the Supreme Court was ordered to remove from the website of the Supreme Court the decision of the Disciplinary Chamber of February 2020 to permanently suspend Judge Paweł Juszczyszyn. She has seven days to do so – from the date the ruling becomes final – on pain of a 15,000 PLN fine. Zwycięstwo Juszczyszyna. Sąd dał Manowskiej z SN 7 dni na usunięcie decyzji Izby Dyscyplinarnej |
| 12/08/2024 | The Courts of Appeal in Warsaw reorganised itself, as a result of which neo-judges dealing with criminal cases were transferred to a section dealing with petitions and complaints. | The Court of Appeal in Warsaw was the first court in Poland which structurally excluded neo-judges from adjudication. Polish court for first time removes judges appointed after previous government’s reforms Pierwszy sąd w Polsce odsuwa neo-sędziów od wydawania wyroków. To wykonanie wyroków ETPCz i TSUE |
| 08/08/2024 | The Minister of Justice launched proceedings to dismiss president and vice-presidents of the District Court in Opole and four presidents and vice-presidents of the regional courts under the jurisdiction of the District Court in Opole. | The Minister of Justice launched proceedings to dismiss president and vice-presidents of the District Court in Opole and presidents and vice-presidents of the regional courts under the jurisdiction of the District Court of Opole and informed the College of the said court of his intention to dismiss: 1. President of the District Court in Opole – Małgorzata Marciniak 2. Vice-presidents of the District Court in Opole – Krzysztof Turczyński and Marcin Ików 3. President of the Regional Court in Brzeg – Magdalena Wozniak 4. Vice-president of the Regional Court in Głubczyce – Żaneta Kornek-Kubis 5. Vice-president of the Regional Court in Kluczbork – Małgorzata Pawlicka 6. President of the Regional Court in Strzelce Opolskie – Artur Sobczak A communiqué published by the Ministry of Justice gives the reasons for the decision to initiate the procedure for the dismissal of presidents and vice-presidents of regional courts. As a result of the initiation of the procedure for removal from their positions, the named judges were suspended from their duties. Press release of the Ministry of Justice |
| 07/08/2024 | Judge Waldemar Żurek reported to the public prosecutor’s office that neo-judge Maria Szczepaniec may have committed a criminal offence. | Neo-judge Maria Szczepaniec, sitting in the Chamber of Extraordinary Control and Public Affairs, quashed a ruling favourable to Judge Żurek. Now Judge Żurek is accusing Maria Szczepaniec of misappropriating the function of a judge. He believes that the neo-judge pretended to be a SC judge. This is the first such report to the public prosecutor’s office in Poland. Sędzia Żurek złożył zawiadomienie na neosędzię SN. Zarzuca jej przywłaszczenie funkcji sędziego |
| 06/08/2024 | The Minister of Justice appointed Beata Najjar as President of the District Court in Warsaw. | Największy sąd w Polsce ma nowego prezesa. Bodnar ma też zgodę na odwołanie 5 prezesów z Przemyśla |
| 02/08/2024 | The President of the Republic submitted a request to the Constitutional Tribunal to examine the constitutionality of the new Law on the NCJ. | The new Law on the NCJ was adopted on July 12 by the Sejm, which rejected Senate’s amendments allowing neo-judges to stand for elections to the NCJ. Prezydent kieruje ustawę o KRS do Trybunału, walczy o neo-sędziów |
| 01/08/2024 | The Minister of Justice launched proceedings to dismiss the president and vice-president of the Regional Court in Malbork. At the same time, he decided to suspend them from their duties. | The Minister of Justice asked the College of the District Court in Gdańsk to express an opinion on the removal from office of Katarzyna Chmura, President of the Regional Court in Malbork, and Agnieszka Czerwińska, Vice-President of the Regional Court in Malbork. A communiqué published by the Ministry of Justice gives the reasons for the decision to initiate the proceedings for the dismissal from the posts of president and vice-president of the Regional Court in Malbork. Press release of the Ministry of Justice |
July
July 2024
| Date | Event | Remarks |
|---|---|---|
| 31/07/2024 | The Senate adopted two Laws passed by the Sejm concerning the Constitutional Tribunal with its amendments. | The almost 70 amendments adopted by the Senate are mainly editorial in nature. The main changes include a provision allowing a CT judge to take the oath before a notary if the President does not take the oath within 14 days of the judge’s election. The laws will now go to the Sejm, which will decide whether to accept the Senate’s amendments. Senat przegłosował ustawy reformujące TK. Blisko 70 poprawek |
| 29/07/2024 | The Minister of Justice appointed Rafal Cebula as President of the Regional Court in Będzin. | Press release of the Ministry of Justice |
| 26/07/2024 | The Sejm adopted amendments to the Rules of Procedure of the Sejm aimed at increasing the transparency of the legislative procedure and improving the quality of adopted laws. | The changes fulfil the milestones prescribed in the Polish Recovery and Resilience Plan. Originally, the reform was to be implemented by 30 September 2022. Prawo ma być lepiej konsultowane a legislacja transparentna |
| 24/07/2024 | The Sejm adopted the Law on the Constitutional Tribunal and the Law introducing the Law on the Constitutional Tribunal. | New laws stipulate the annulment of rulings made with double judges. These judgments shall have no legal effect, and the projects introduce an obligation to repeat all procedural actions in which unauthorised adjudicators took part. Moreover, they introduces several new solutions regarding the selection of the CT judges and its functioning. The CT judges will be elected by the Sejm with a qualified majority of three-fifths of the vote. The circle of entities that can nominate a candidate was extended to include, among others, other apex courts in Poland and professional legal associations. Polish parliament approves constitutional court overhaul Polish(ing) Broken Tribunal: The New Polish Coalition Government’s Package to Restore the Constitutional Tribunal – a Wobbly Constitutional Reset? |
| 22/07/2024 | The Minister of Justice launched proceedings to dismiss six presidents and vice-presidents of the regional courts under the jurisdiction of the District Court in Przemyśl. | The Minister of Justice launched proceedings to dismiss presidents and vice-presidents of the regional courts under the jurisdiction of the District Court of Przemyśl and informed the College of the said court of his intention to dismiss: 1. the President of the Regional Court in Przemyśl – Krzysztof Tryksza, 2. the vice-president of the Regional Court in Przemyśl – Marek Antas, 3. the President of the Regional Court in Lubaczów – Ewa Hełmecka, 4. the President of the Regional Court in Jarosław – Jadwiga Gil-Pawłowska, 5. the Vice-President of the Regional Court in Jarosław – Agata Szykowny-Poliśkiewicz, 6. the President of the Regional Court in Przeworsk – Tomasz Półtorak. A communiqué published by the Ministry of Justice gives the reasons for the decision to initiate the procedure for the dismissal of presidents and vice-presidents of regional courts. As a result of the initiation of the procedure for removal from their positions, the named judges were suspended from their duties. Press release of the Ministry of Justice |
| 18/07/2024 | The Minister of Justice launched the proceedings to dismiss the president of the Regional Court in Żory. At the same time, he decided to suspend him from his duties. | The Minister of Justice asked the College of the District Court in Rybnik to express an opinion on the removal from office of Cezary Podlasik, President of the Regional Court in Żory. A communiqué published by the Ministry of Justice gives the reasons for the decision to initiate the proceedings for the dismissal from the post of president of the Regional Court in Żory. Press release of the Ministry of Justice |
| 18/07/2024 | The Minister of Justice launched proceedings to dismiss the president and vice-president of the Regional Court in Lębork. At the same time, he decided to suspend them from their duties. | The Minister of Justice asked the College of the District Court in Słupsk to express an opinion on the removal from office of Katarzyna Wesołowska, President of the Regional Court in Lębork, and Romana Płatek, Vice-President of the Regional Court in Lębork. A communiqué published by the Ministry of Justice gives the reasons for the decision to initiate the proceedings for the dismissal from the posts of president and vice-president of the Regional Court in Lębork. Press release of the Ministry of Justice |
| 16/07/2024 | The Minister of Justice dismissed nine presidents and vice-presidents of the regional courts under the jurisdiction of the District Court in Warsaw. | Minister of Justice dismissed: 1. President – Iwona Strączyńska and Vice-President – Radosław Kopeć of the Regional Court in Grodzisk Mazowiecki; 2. President – Maksymilian Wesołowski of the Regional Court for the Capital City of Warsaw in Warsaw 3. President – Łukasz Kluska of the Regional Court in Pruszków 4. President – Joanna Pąsik and Vice Presidents: Stanisław Gradus-Wojciechowski and Żaneta Seliga-Kaczmarek of the Regional Court for Warsaw – Mokotów in Warsaw 5. President – Anna Jagodzińska-Bajkowska and Vice-President – Piotr Sysik of the Regional Court for Warsaw – Żoliborz in Warsaw. The dismissals was preceded by an appropriate proceeding. The College of the District Court in Warsaw gave a positive opinion on the Minister of Justice’s requests. Press release of the Ministry of Justice Minister sprawiedliwości odwołał 14 prezesów i wiceprezesów warszawskich sądów |
| 16/07/2024 | The Minister of Justice dismissed the President of the District Court in Warsaw – Joanna Przanowska-Tomaszek – and the Vice-presidents of that court – Patrycja Czyżewska, Małgorzata Kanigowska-Wajs, Radosław Lenarczyk, Agnieszka Sidor-Leszczyńska. | The dismissals was preceded by an appropriate proceeding. The College of the District Court in Warsaw gave a positive opinion on the Minister of Justice’s requests. Press release of the Ministry of Justice Minister sprawiedliwości odwołał 14 prezesów i wiceprezesów sądów w Warszawie i pod Warszawą |
| 15/07/2024 | The Ministry of Justice presented the draft bill separating the positions of Minister of Justice and Prosecutor General. The draft has been included in the list of legislative works of the Council of Ministers. Its adoption by the government is planned for the end of 2024. | According to the draft, the Prosecutor General would be chosen by the Sejm (by absolute majority) with the consent of the Senate. The Prosecutor General’s term of office would be 6 years, with no possibility of renewal. Press release of the Ministry of Justice Jest już projekt rozdzielenia funkcji Prokuratora Generalnego od Ministra Sprawiedliwości |
| 15/07/2024 | The Minister of Justice appointed Wiesław Żywolewski as President of the District Court in Białystok. | Press release of the Ministry of Justice |
| 15/07/2024 | The Regional Court for Warsaw-Praga Południe in Warsaw issued a ruling declaring the Supreme Court’s verdict by the neo judges to be non-existent. | This is one of the first rulings challenging the status of neo-judges in the Supreme Court by an ordinary court. Until now, it has been Supreme Court judges who have been challenging the status of neo-judges in the Supreme Court. The Regional Court for Warsaw-Praga Południe found that the neo-judges were appointed in violation of the law and that the ruling issued by them is non-existent. Consequently, the court is not obliged to comply with the ruling issued by the neo-judges. Sąd w Warszawie: Wyroki wydane przez neo-sędziów SN są nieistniejące. Nie trzeba ich stosować |
| 12/07/2024 | The Sejm rejected an amendment by the Senate to the Law on the NCJ, which would have allowed neo-judges to stand for elections to the NCJ. | The Law adopted as drafted by the Sejm excludes neo-judges from participating in elections to the new NCJ. The Law has been sent to the President of the Republic for signature. Neo-sędziowie nie wejdą do Krajowej Rady Sądownictwa Ustawa o KRS uchwalona przez Sejm. Co zrobi Andrzej Duda? |
| 10/07/2024 | The Minister of Justice requested an opinion from the Venice Commission on neo-judges. | The questions posed by the Minister of Justice concern two models for solving the problem of neo-judges. One model assumes a statutory declaration that all neo-judges’ appointments are defective and that they are automatically returned to their previous positions. The second model involves the individual vetting of each neo-judge by the newly established and constitutional NCJ. Bodnar prosi Komisję Wenecką o ocenę rozwiązań problemu neo-sędziów |
| 04/07/2024 | The Minister of Justice dismissed the President of the District Court in Krosno – Grzegorz Furmankiewicz – and the Vice-president of the court – Maria Olszewska. | The dismissals was preceded by an appropriate proceeding. The College of the District Court in Krosno gave a positive opinion on the Minister of Justice’s requests. Press release of the Ministry of Justice Bodnar ma zgodę na odwołanie członka neo-KRS Furmankiewicza, z posady prezesa sądu w Krośnie |
| 01/07/2024 | The Minister of Justice dismissed the President of the Court of Appeal in Rzeszów – Rafał Puchalski – and the Vice President of the court – Józef Pawłowski. | The dismissals was preceded by an appropriate proceeding. The College of the Court of Appeal in Rzeszów gave a positive opinion on the Minister of Justice’s requests. Press release of the Ministry of Justice |
| 01/07/2024 | The Minister of Justice appointed Cezariusz Baćkowski as Disciplinary Officer of the Minister of Justice. | The new Disciplinary Officer will conduct disciplinary proceedings against former and current members of the neo NCJ. The appointment of the new Disciplinary Officer is the Minister of Justice’s response to a notification submitted by the Association of Judges ‘Iustitia’. The association accused former and current members of the neo NCJ of violating rules of judicial ethics. Press release of the Ministry of Justice Bodnar zaczyna rozliczać członków neo-KRS. Grozi im dyscyplinarka za pracę w nielegalnym organie |
June
June 2024
| Date | Event | Remarks |
|---|---|---|
| 28/06/2024 | The College of the District Court in Słupsk issued a positive opinion on the Minister of Justice’s request to dismiss the President and Vice-President of the Regional Court in Słupsk. | The College of the District Court in Słupsk issued a positive opinion on the Minister of Justice’s request to dismiss the President of the Regional Court in Słupsk Agnieszka Leszkiewicz and the Vice-President of the Regional Court in Słupsk Ryszard Błencki. Jest zgoda na dymisję prezesa Puchalskiego z nielegalnej neo-KRS. To jedna z twarzy „reform” Ziobry |
| 28/06/2024 | The College of the Court of Appeal in Rzeszów issued a positive opinion on the Minister of Justice’s request to dismiss the President and Vice-President of the court. | The College of the Court of Appeal in Rzeszów issued a positive opinion on the Minister of Justice’s request to dismiss the President of the Court of Appeal in Rzeszów Rafał Puchalski and the Vice-President of the Court of Appeal in Rzeszów Józef Pawłowski. Jest zgoda na dymisję prezesa Puchalskiego z nielegalnej neo-KRS. To jedna z twarzy „reform” Ziobry |
| 28/06/2024 | The Regional Prosecutor’s Office in Wrocław submitted requests to the Chamber of Professional Liability of the Supreme Court to waive the immunity of four judges who had collaborated with the former Minister of Justice. | The Public Prosecutor’s Office accuses four judges involved in the so-called ‘hejter scandal’ of illegally processing and disclosing the data of judges defending the rule of law. It also accuses them of harassing independent judges and initiating unjustified disciplinary proceedings. Press release from of the National Public Prosecutor’s Office Prokuratura: Piebiak popełnił 19 przestępstw, Radzik 10, Iwaniec 12. To była zorganizowana grupa |
| 27/06/2024 | The Minister of Justice dismissed Justyna Celińska – President of the District Court in Koszalin. | The dismissals was preceded by an appropriate proceeding. The College of the District Court in Koszalin gave a positive opinion on the Minister of Justice’s request. Press release of the Ministry of Justice |
| 26/06/2024 | The Minister of Justice dismissed Tomasz Krzemianowski – Vice-president of the District Court in Koszalin. | The dismissals was preceded by an appropriate proceeding. The College of the District Court in Koszalin gave a positive opinion on the Minister of Justice’s request. Press release of the Ministry of Justice Dymisje u Bodnara. Jest zgoda na odwołanie prezesów sądów okręgowych w Koszalinie i w Koninie |
| 19/06/2024 | The President of the Republic appointed 60 people to judicial positions following recommendations from the neo-NCJ. | The President’s decision to appoint another 60 neo-judges intensifies the chaos in the Polish legal order and violates the Polish Constitution, the European Convention on Human Rights and EU law. Pałac Prezydencki. Nominacje sędziowskie Prezydent Duda lekceważy Konstytucję i prawo UE. Powołał kolejnych 60 wadliwych neosędziów |
| 19/06/2024 | The Constitutional Tribunal ruled on a bill adopted by the Sejm without the involvement of former MPs Mariusz Kaminski and Michał Wąsik. | The District Court in Warsaw sentenced Maciej Wąsik and Mariusz Kamiński to imprisonment for abuse of power. On the basis of this ruling, the Speaker of the Sejm did not allow the former MPs to take part in Sejm sessions. However, the President took the view that the ruling was unlawful, as his pardon of the two politicians (made before the final verdict) was in force. The Tribunal ruled that the bill passed by the Sejm without the involvement of former MPs Maciej Wąsik and Mariusz Kamiński was unconstitutional. The bill’s unconstitutionality, according to the Tribunal, is due to the unlawful and arbitrary decision of the Speaker of the Sejm not to allow two former MPs to take part in the voting. This is the Tribunal’s first ruling on a bill adopted without the participation of two former MPs. There are still 13 applications to be examined concerning other bills adopted by the Sejm in similar circumstances. All applications were submitted by the President of the Republic before bills were signed off (a priori control). Judgment of the Constitutional Tribunal Exclusion of opposition politicians rendered law passed by parliament unconstitutional, finds top court Ustawy konstytucyjne i jednocześnie… niekonstytucyjne – impas po wyroku TK TK: Ustawa przyjęta bez Kamińskiego i Wąsika jest „niekonstytucyjna”. Rządzący: Wyroki tego TK są bez znaczenia |
| 18/06/2024 | The Minister of Justice launched dismissal proceedings against the President and Vice-presidents of the District Court in Warsaw. At the same time, he decided to suspend them from acting. | The Minister of Justice requested the College of the District Court in Warsaw to express opinions on the removal from office of Joanna Przanowska-Tomaszek, President of the District Court in Warsaw, and Patrycja Czyżewska, Małgorzata Kanigowska-Wajs, Radosław Lenarczyk, Agnieszka Sidor-Leszczyńska i Marcin Rowicki, Vice-presidents of the District Court in Warsaw. A communiqué published by the Ministry of Justice gives the reasons for the decision to initiate the dismissal procedure and the suspension of the President and Vice-presidents of the District Court in Warsaw. Press release of the Ministry of Justice Bodnar odwołuje 4 prezesów od Ziobry w Warszawie. Stanowiska tracą też 3 prezesi z Podkarpacia |
| 18/06/2024 | The Minister of Justice launched dismissal proceedings against the President and Vice-president of the Court of Appeal in Rzeszów. At the same time, he decided to suspend them from acting. | The Minister of Justice requested the College of the Court of Appeal in Rzeszów to express opinions on the removal from office of Rafał Puchalski, President of the Court of Appeal in Rzeszów, and Józef Pawłowski, Vice-president of the Court of Appeal in Rzeszów. A communiqué published by the Ministry of Justice gives the reasons for the decision to initiate the dismissal procedure and the suspension of the President and Vice-president of the Court of Appeal in Rzeszów. Press release of the Ministry of Justice |
| 18/06/2024 | The Minister of Justice launched dismissal proceedings against the President and Vice-president of the District Court in Krosno. At the same time, he decided to suspend them from acting. | The Minister of Justice requested the College of the District Court in Krosno to express opinions on the removal from office of Grzegorz Furmankiewicz, President of the District Court in Krosno, and Maria Olszewska, Vice-president of the District Court in Krosno. A communiqué published by the Ministry of Justice gives the reasons for the decision to initiate the dismissal procedure and the suspension of the President and Vice-president of the District Court in Krosno. Press release of the Ministry of Justice Ważne dymisje u Bodnara. Stanowisko traci Puchalski z neo-KRS i prezeska największego sądu w Polsce |
| 14/06/2024 | The Minister of Justice launched dismissal proceedings against the President and Vice-president of the Regional Court in Słupsk. At the same time, he decided to suspend them from acting. | The Minister of Justice requested the College of the District Court in Słupsk to express opinions on the removal from office of Agnieszka Leszkiewicz, President of the Regional Court in Słupsk, and Ryszard Błencki, Vice-president of the Regional Court in Słupsk. A communiqué published by the Ministry of Justice gives the reasons for the decision to initiate the dismissal procedure and the suspension of the President and Vice-president of the Regional Court in Słupsk. Press release of the Ministry of Justice |
| 13/06/2024 | The Minister of Justice dismissed the President – Waldemar Krok and Vice-president – Grzegorz Piliś of the District Court in Rzeszów and the President of the Regional Court in Rzeszów – Tomasz Berezowski. | The dismissals was preceded by an appropriate proceeding. The College of the District Court in Rzesów gave a positive opinion on the Minister of Justice’s request. Press release of the Ministry of Justice |
| 12/06/2024 | The National Public Prosecutor’s Office launched an investigation against 20 former and current members of the NCJ following a notification from the Association of Polish Judges ‘Iustitia’. | The Association submitted a notice to the Minister of Justice – Prosecutor General which indicates the criminal offences and breaches of ethics committed by the candidates for the neo-NCJ. Iustitia believes that, as public functionaries, they took actions contrary to the law – they abused their power and violated ethical rules. Jest śledztwo w sprawie sędziów/członków KRS – po zawiadomieniu Iustitii |
| 10/06/2024 | The Minister of Justice appointed the President of the Court of Appeal in Katowice. | The Minister of Justice appointed Aleksandra Janas as President of the Court of Appeal in Katowice. Press release of the Ministry of Justice Bodnar powołał prezesów w Gorzowie, Katowicach, Olsztynie. To sędziowie znani z obrony sądów |
| 07/06/2024 | The Minister of Justice launched dismissal proceedings against the President and Vice-president of the District Court in Konin. At the same time, he decided to suspend them from acting. | The Minister of Justice requested the College of the District Court in Konin to express opinions on the removal from office of Michał Jankowski, President of the District Court in Konin, and Kinga Śliwińska-Buśkiewicz, Vice-president of the District Court in Konin. A communiqué published by the Ministry of Justice gives the reasons for the decision to initiate the dismissal procedure and the suspension of the President and Vice-president of the District Court in Konin. Press release of the Ministry of Justice |
| 07/06/2024 | The Minister of Justice visited the headquarters of the Council of Europe in Strasbourg. | During a meeting with the President of the ECtHR, Síofra O’Leary, the Minister of Justice stressed Poland’s willingness to implement the Court’s rulings, including the pilot-judgment in the Wałęsa v Poland case. The Minister also informed about the progress of the draft Law on the Enforcement of the ECtHR Judgments, which is being drafted together with the Ministry of Foreign Affairs. Press release of the Ministry of Justice |
| 04/06/2024 | The Minister of Justice appointed new presidents and vice-presidents of several ordinary courts in Poland. | The Minister of Justice appointed Olimpia Barańska-Małuszek as President of the Regional Court in Gorzów Wielkopolski and Dorota Lutostańska and Krystyna Skiepko as Vice-presidents of the District Court in Olsztyn. Press release of the Ministry of Justice |
May
May 2024
| Date | Event | Remarks |
|---|---|---|
| 31/05/2024 | The Minister of Justice launched dismissal proceedings against the President and Vice-president of the District Court of Koszalin. At the same time, he decided to suspend them from acting. | The Minister of Justice requested the College of the District Court of Koszalin to express opinions on the removal from office of Justyna Celińska, President of the District Court of Koszalin, and Tomasz Krzemianowski, Vice-president of the District Court of Koszalin. A communiqué published by the Ministry of Justice gives the reasons for the decision to initiate the dismissal procedure and the suspension of the President and Vice-president of the District Court of Koszalin. Press release of the Ministry of Justice |
| 31/05/2024 | The Minister of Justice appointed new presidents and vice-presidents of several ordinary courts in Poland. | The Minister of Justice appointed Wojciech Modrzyński as President of the District Court in Toruń; Henryk Brzyżkiewicz as President of the District Court in Gliwice; Tomasz Szymański as Vice-president of the Court of Appeal in Kraków. Press release of the Ministry of Justice |
| 30/05/2024 | The Minister of Justice appointed the President of the District Court in Gorzów Wielkopolski. | The Minister of Justice appointed Kamil Jarocki as President of the District Court in Gorzów Wielkopolski. Press release of the Ministry of Justice |
| 29/05/2024 | The Minister of Justice launched dismissal proceedings against the President and Vice-president of the District Court in Białystok. At the same time, he decided to suspend them from acting. | The Minister of Justice asked the College of the District Court in Białystok to express opinions on the removal from office of Ewa Kołodziej-Dubowska, President of the District Court in Białystok, and Dorota Sosna, Vice-president of the District Court in Białystok. Dymisje u Bodnara. Stanowiska tracą wiceszef KSSiP Pelewicz i prezesi sądów w Białymstoku |
| 29/05/2024 | The European Commission decided to close the Article 7(1) TEU procedure for Poland. | The Commission considers that there is no longer a clear risk of a serious breach of the rule of law in Poland. According to the institution: Poland has launched a series of legislative and non-legislative measures to address the concerns on independence of the justice system, it has recognised the primacy of EU law and is committed to implementing all the judgments of the Court of Justice of the European Union and the European Court of Human Rights related to rule of law including judicial independence. Press release of the Ministry of Justice Press release of the European Commission EU closes Article 7 rule-of-law proceedings against Poland after seven years |
| 28/05/2024 | The Constitutional Tribunal ruled that the resolution of the Sejm of 6 March 2024 on the Constitutional Tribunal is unconstitutional. | The resolution was one of the acts (along with the Law on the CT and the draft amendment to the Constitution) that would recover the situation at the Constitutional Tribunal. The resolution of the Sejm states that the judicial appointments made in 2015 (3 judges doubles) violate the Constitution of the Republic of Poland and the Convention on Human Rights, and are therefore null and void and have no legal effect. The resolution also calls on the judges of the Constitutional Tribunal to voluntarily resign and join the democratic transition process. TK: Uchwała Sejmu w sprawie TK niekonstytucyjna Poland’s constitutional court declares resolution calling for its overhaul unconstitutional TK grozi konsekwencjami prawnymi za niepublikowanie jego orzeczeń. Tymczasem w RCL „trwają analizy” |
| 24/05/2024 | The Minister of Justice dismissed the President of the Regional Court in Sulęcin – Ewa Kuś-Wasilewska. | The dismissal was preceded by an appropriate proceeding. The College of the District Court in Gorzów Wielkopolski gave a positive opinion on the Minister of Justice’s request. Press release of the Ministry of Justice |
| 23/05/2024 | The Minister of Justice launched the dismissal proceedings against the President of the Regional Court in Dębica. | The Minister of Justice launched the dismissal proceedings against the President of the Regional Court in Dębica, Katarzyna Radzik. The Minister of Justice submitted a justified request to the College of the District Court in Rzeszów for an opinion on the dismissal of Katarzyna Radzik from her post. At the same time, he decided to suspend her from her duties Press release of the Ministry of Justice |
| 22/05/2024 | Piotr Girdwoyń was appointed by the Minister of Justice as Director of the National School of the Judiciary and Public Prosecution. | Press release of the Ministry of Justice Prof. Piotr Girdwoyń nowym dyrektorem KSSiP |
| 22/05/2024 | The Minister of Justice launched a dismissal proceeding against the President and Vice-president of the District Court in Rzeszów and the President and Vice-president of the Regional Court in Rzeszów. At the same time, he decided to suspend them from their duties | The Minister of Justice submitted a request to the College of the District Court in Rzeszów for opinions on the removal from office of Waldemar Krok – President of the District Court in Rzeszów and Grzegorz Pliś – Vice-president of the District Court in Rzeszów, as well as Tomasz Berezowski – President of the Regional Court in Rzeszów and Wojciech Dudek – Vice-president of the Regional Court in Rzeszów. Press release of the Ministry of Justice Bodnar dymisjonuje prezesów sądów w Rzeszowie. To neosędziowie nominowani przez Ziobrę |
| 21/05/2024 | The General Affairs Council discussed the rule of law situation in Poland. It took note of the intention of the Commission to withdraw its reasoned proposal under Art. 7 (1) TEU. | The Commission informed the Council that there is no longer a clear risk of a serious breach of the rule of law in Poland within the meaning of Article 7(1) TEU. General Affairs Council, 21 May 2024 EU to end rule-of-law proceedings against Poland despite Hungarian opposition |
| 20/05/2024 | The Minister of Justice launched dismissal proceedings against the President of the Regional Court in Toruń and the President of the Regional Court in Piotrków Trybunalski | The Minister of Justice launched proceedings to dismiss the President of the Regional Court in Toruń, Krzysztof Dąbkiewicz, and the President of the Regional Court in Piotrków Trybunalski, Bartłomiej Szkudlark, from their posts and informed the colleges of these courts of his intention. As a result of the initiation of the procedure for removal from their positions, the named judges were suspended from their duties. Press release of the Ministry of Justice Bodnar odwołuje prezesów sądów w Toruniu i Piotrkowie Trybunalskim. W tle złe traktowanie sędziów |
| 17/05/2024 | The Minister of Justice appointed the President of the District Court in Elbląg. | The Minister of Justice appointed Marek Nawrocki as President of the District Court in Elbląg. Press release of the Ministry of Justice Sędzia Tyrała, Jerka i Nawrocki walczyli o praworządność. Teraz zostali prezesami sądów |
| 17/05/2024 | The Minister of Justice appointed the presidents of the District Court in Olsztyn and the District Court of Warsaw-Praga in Warsaw. | The Minister of Justice appointed Rafał Jerka as President of the District Court in Olsztyn and Agnieszka Wojciechowska-Langda as President of the District Court of Warsaw-Praga in Warsaw. Press release of the Ministry of Justice Bronił Tulei i Juszczyszyna. Teraz został prezesem Sądu Okręgowego w Olsztynie |
| 16/05/2024 | The Constitutional Tribunal ruled on the amendments made by the Minister of Justice to the Rules of Procedure of the common courts (exclusion of neo-judges from assessing status of neo-judges). | The Tribunal held that the amendments violate the principle of judicial independence and are thus unconstitutional. TK: Regulamin dotyczący wyłączania neo-sędziów jest niekonstytucyjny TK: Rozporządzenie ministra Bodnara niezgodne z Konstytucją |
| 15/05/2024 | The Minister of Justice appointed Magdalena Szafranek as chairman of the Commission for the Codification of Family Law. | Among other things, the task of the Commission for the Codification of Family Law will be to draft legislative acts of fundamental importance for family and guardianship law. Press release of the Ministry of Justice |
| 14/05/2024 | Eight associations of judges and prosecutors released a statement criticising the law on the NCJ as adopted by the Senate. | The associations criticise the Senate amendment according to which neo-judges could stand for election to the NCJ. As a consequence, individuals irregularly appointed to judicial positions could become members of the renewed NCJ. Krytyczne stanowisko stowarzyszeń Sędziów i Prokuratorów Polskich w sprawie zmian dokonanych przez Senat w ustawie regulującej sposób wyboru członków Krajowej Rady Sądownictwa. Sędziowie i prokuratorzy: „Nie” dla neosędziów w odnowionej KRS |
| 13/05/2024 | The Minister of Justice appointed Professor Marek Safjan, a former CJEU judge, as chairman of the Commission for the Codification of Civil Law. | Among other things, the task of the Commission for the Codification of Civil Law will be to develop general amendments to civil law and private business law. Press release of the Ministry of Justice |
| 13/05/2024 | The Minister of Justice appointed Paweł Juszczyszyn as Vice-president of the Regional Court in Olsztyn | Paweł Juszczyszyn was one of the symbols of the struggle for independent courts. He was the first judge in Poland to implement the CJEU judgment in the A.K. case. Following his decision, the judge was removed from his secondment to the District Court in Olsztyn. Furthermore, the president of the Regional Court in Olsztyn suspended him for one month. Meanwhile, the Disciplinary Officer initiated proceedings against him. He was then finally suspended by the Disciplinary Chamber of the Supreme Court on 4 February 2020. The judge’s salary was reduced by 40 per cent. Press release of the Ministry of Justice Zwycięstwo sędziego Żurka, nie będzie ukarany. A sędzia Juszczyszyn został wiceprezesem sądu |
| 13/05/2024 | The Minister of Justice appointed Jerzy Nawrocki as President of the Court of Appeal in Lublin. | Previously, Jerzy Daniluk resigned as President of the Court of Appeal in Lublin in March 2024. Press release of the Ministry of Justice |
| 13/05/2024 | The Minister of Justice dismissed two Vice-presidents of the Court of Appeal in Warsaw – Edyta Dzielińska and Agnieszka Stachniak-Rogalska. | The dismissals were preceded by an adequate procedure. The College of the Court of Appeal in Warsaw gave a positive opinion on the proposals of the Minister of Justice. Press release of the Ministry of Justice |
| 10/05/2024 | The Minister of Justice handed out appointments as President of the Court of Appeal in Krakow and President of the District Court in Krakow. | The Minister of Justice appointed Paweł Rygiel as President of the Court of Appeal in Kraków and Janusz Kawałek as President of the District Court in Kraków. Press release of the Ministry of Justice |
| 09/05/2024 | The College of the Court of Appeal in Warsaw agreed to dismiss the vice-presidents of the court. | The College of the Court of Appeal in Warsaw, at the request of the Minister of Justice, agreed to dismiss Edyta Dzielińska and Agnieszka Stachniak-Rogalska as Vice-presidents of the Court of Appeal in Warsaw. Bodnar ma zgodę na dymisję zastępczyń Schaba w ważnym sądzie w stolicy. A Dudzicz traci delegację. |
| 09/05/2024 | The Minister of Justice dismissed: 1. President of the District Court in Gorzów Wielkopolski – Anna Kuśnierz-Milczarek; 2. Vice-president of the District Court in Gorzów Wielkopolski – Kinga Wochna; 3. President of the Regional Court in Gorzów Wielkopolski – Jarosław Dudzicz; 4. Vice-president of the District Court in Gorzów Wielkopolski – Dorota Bobrowicz. | The dismissals were preceded by appropriate proceedings. The College of the District Court in Gorzów Wielkopolski gave a positive opinion on the requests of the Minister of Justice. Press release of the Ministry of Justice |
| 09/05/2024 | The Senate adopted amendments to the Law amending the Law on the National Council of the Judiciary. | The Senate, following a guideline from the Venice Commission, adopted an amendment that allows neo-judges to stand for election to the National Council of the Judiciary (the Law passed by the Sejm prevented neo-judges from standing for election to the NCJ). Senators also supported an amendment seeking to introduce a rule whereby judges will have more than one vote in the election of the NCJ members. The Law adopted by the Senate with amendments will now go to the Sejm, which may either accept or reject (with an absolute majority) the Senate’s amendments. Senat poprawia ustawę o KRS, neo-sędziowie będą mogli do niej kandydować Neo-sędziowie będą mogli kandydować do zreformowanej KRS. Senat przyjął ustawę z poprawkami |
| 08/05/2024 | The Constitutional Tribunal issued interim measures ordering the Committee of Inquiry investigating the legality of the previous government’s use of Pegasus to refrain from taking any action. | The proceedings before the Constitutional Tribunal were initiated by a group of Law and Justice MPs who are demanding that the Sejm’s resolution on the appointment of the Committee of Inquiry be declared unconstitutional. The order was issued by the Constitutional Tribunal by 3 judges (including the judge-double – Jaroslaw Wyrembak). Trybunał Konstytucyjny chce wstrzymania prac Komisji ds. Pegasusa |
| 08/05/2024 | The Venice Commission issued the Urgent Joint Opinion of the Venice Commission and the Directorate General of Human Rights and Rule of Law of the Council of Europe on the draft law amending the Law on the National Council of the Judiciary of Poland. | On the whole, the Commission takes a positive view of the changes introduced by the new Law. The Commission’s most important objection relates to depriving neo-judges of the possibility to stand for election to the NCJ. The complete exclusion of neo-judges from the possibility of running for the NCJ, ignores an individual assessment. Judges nominated for the first time (by the neo-NCJ), would be denied the opportunity to stand for the NCJ, even though they had no other opportunity to start working in the judiciary. Press release of the Ministry of Justice Text of the opinion |
| 08/05/2024 | The College of the District Court in Gorzów Wielkopolski agreed to dismiss the President and Vice-president of the said court and the President and Vice-president of the Regional Court in Gorzów Wielkopolski. | The College of the District Court in Gorzów Wielkopolski, at the request of the Minister of Justice, agreed to dismiss: 1. President of the District Court in Gorzów Wielkopolski – Anna Kuśnierz-Milczarek; 2. Vice-president of the District Court in Gorzów Wielkopolski – Kinga Wochna; 3. President of the Regional Court in Gorzów Wielkopolski – Jarosław Dudzicz; 4. Vice-president of the District Court in Gorzów Wielkopolski – Dorota Bobrowicz. Bodnar ma zgodę na dymisję Dudzicza – prezesa sądu w Gorzowie. Powołał też nowych prezesów |
| 06/05/2024 | The European Commission intends to close Article 7(1) TEU procedure for Poland. | The European Commission finalised its analysis on the rule of law situation in Poland in the context of the Article 7(1) TEU procedure. The Commission considers that there is no longer a clear risk of a serious breach of the rule of law in Poland within the meaning of Article 7(1) of the Treaty on European Union. Vice-President of the Commission Věra Jourová will present the Commission’s analysis in the forthcoming meeting of the General Affairs Council. After that, and taking into account any observations by the Council, the Commission intends to formally withdraw the Reasoned Proposal on Article 7(1) TEU. Press release of the Ministry of Justice Press release of the European Commission EU to end “Article 7” rule-of-law procedure launched against Poland under former government |
April
April 2024
| Date | Event | Remarks |
|---|---|---|
| 28/04/2024 | The Supreme Court’s Professional Liability Chamber annulled the Disciplinary Chamber’s decision to suspend Judge Maciej Ferek. | Judge Maciej Ferek was suspended for 522 days because he refused to adjudicate with neo-judges in a single panel. SN: Sprawa dyscyplinarna sędziego Ferka umorzona |
| 26/04/2024 | Meeting of the National Council of Public Prosecutors. | The new National Prosecutor, Dariusz Korneluk, attended the meeting for the first time. Press release of the National Public Prosecutor’s Office |
| 25/04/2024 | The Minister of Justice presented draft amendments to the law on the organisation of ordinary courts and exposed it to public consultation. The draft proposes changes to the system of secondment of judges by the Minister of Justice. | According to the proposed amendments, the Minister of Justice, when seconding a judge to a court, will have to analyse the workload of the judges of that court; the dismissal from the secondment will have to be justified, and such information, together with the justification, is to be published in the Bulletin of Public Information. The project aims to ensure greater transparency in the secondment of judges and to limit the discretionary power of the Minister of Justice. The project aims to implement the CJEU ruling of 16 November 2021 in the case of the Prokuratura Rejonowa w Mińsku Mazowieckim. RPO zgłasza swoje poprawki do projektu zmian w delegacjach sędziów Bodnar wykonuje wyrok TSUE. Kończy z uznaniowymi delegacjami dla sędziów |
| 24/04/2024 | The Constitutional Tribunal issued interim measures prohibiting the Minister of Justice from dismissing presidents and vice-presidents of common courts. | The proceedings before the Constitutional Tribunal have been initiated by the neo-NCJ, which expects a declaration of unconstitutionality of the procedure for the dismissal of presidents and vice-presidents of common courts. The CT issued its order with a panel of 5 judges (no judges-doubles). Minister Bodnar nie da się zablokować TK Przyłębskiej. Dalej będzie odwoływać prezesów od Ziobry Ochrona dla prezesów Ziobry. Trybunał Przyłębskiej krępuje Bodnara |
| 24/04/2024 | The first reading of laws concerning the reform of the Constitutional Tribunal took place in the Sejm. | The two drafts that the Sejm is working on, the draft law on the Constitutional Tribunal and the draft law introducing the Law on the Constitutional Tribunal, are part of the so-called Bodnar Plan. It also comprised a resolution, which the Sejm adopted in March, and a law amending the Constitution, which the Senate is currently working on. „Odbieramy TK politykom, oddajemy obywatelom i Konstytucji”. Sejm rozpoczyna prace nad ustawami Sejm zaczyna prace nad reformą Trybunału Konstytucyjnego. Prawnicy dzielą się obawami Polish(ing) Broken Tribunal |
| 24/04/2024 | The Minister of Justice launched a procedure to dismiss five presidents and vice-presidents of the district and regional courts in Gorzów Wielkopolski and Sulęcin. | The Minister of Justice initiated a procedure to dismiss the presidents and vice-presidents of the regional courts in Gorzów Wielkopolski and Sulęcin, as well as the President and Vice-president of the District Court in Gorzów Wielkopolski, and informed the College of the District Court in Gorzów Wielkopolski of his intention to dismiss: 1. President of the District Court in Gorzów Wielkopolski – Anna Kuśnierz-Milczarek; 2. Vice-president of the District Court in Gorzów Wielkopolski – Kinga Wochna; 3. President of the Regional Court in Gorzów Wielkopolski – Jarosław Dudzicz; 4. Vice-president of the District Court in Gorzów Wielkopolski – Dorota Bobrowicz; 5. President of the Regional Court in Sulęcin – Ewa Kuś-Wasilewska. A communiqué published by the Ministry of Justice gives the reasons for the decision to initiate the procedure of dismissal from the posts of presidents and vice-presidents of the District Court in Gorzów Wielkopolski and the regional courts. The communiqué gives individual reasons for the dismissal of each judge. As a result of the initiation of the procedure for removal from their positions, the named judges were suspended from their duties. Press release of the Ministry of Justice Bodnar dymisjonuje członków neo-KRS w sądach: prezesa Dudzicza w Gorzowie i Jaskulskiego w Poznaniu |
| 24/04/2024 | The National Council of the Judiciary submitted a request to the Constitutional Tribunal to examine the constitutionality of the authority of the Minister of Justice to appoint ad hoc Disciplinary Officers. | The Minister of Justice appointed ad hoc Disciplinary Officers – Grzegorz Kasicki and Wlodzimierz Brazewicz – in January 2024. The task of the Disciplinary Officers of the Minister of Justice (ad hoc officers) is to take over for examination and conduct cases initiated by the Disciplinary Officer for Common Courts’ Judges (Piotr Schab) and his deputies (Przemysław Radzik and Michał Lasota). KRS kwestionuje uprawnienia ministra do powołania rzeczników dyscyplinarnych ad hoc Komunikat Krajowej Rady Sądownictwa |
| 24/04/2024 | Piotr Girdwoyń was nominated as a candidate for the Director of the National School of the Judiciary and Public Prosecution. | Judge Wojciech Postulski was recommended for the post of the Director of the National School of the Judiciary and Public Prosecution by the Minister of Justice following a competition held on 14.03.2024. However, he will not take up this post due to a failure to agree on the terms and conditions of employment. Thus, Professor Piotr Girdwoyń, who came second in the competition, became the candidate for the post of the Director of the School. Press release of the Ministry of Justice Jest nowy kandydat na dyrektora KSSiP. To obrońca niezależnych sędziów, prof. Girdwoyń z UW |
| 22/04/2024 | The Minister of Justice announced a complementary recruitment for the post of a European Prosecutor. | To date, the Panel appointed by the Minister of Justice has determined that only two candidates meet the requirements to serve as European Prosecutor: Grażyna Stronikowska Paweł Wąsik The panel should select three candidates to be presented to the EU-level Selection Committee, which will give its opinion on the candidates. Press release of the Ministry of Justice |
| 17/04/2024 | The Minister of Justice launched a procedure to dismiss the Vice-president of the Regional Court in Poznań and the President of the Regional Court in Elbląg. | The Minister of Justice launched a procedure to dismiss the Vice President of the Regional Court in Poznań – Marek Jaskulski – and the President of the Regional Court in Elbląg – Agnieszka Walkowiak – from their posts and informed the colleges of the courts of his intention. Bodnar dymisjonuje prezesów sądów. W Poznaniu członka neo-KRS Jaskulskiego i prezeskę z Elbląga |
| 15/04/2024 | The Minister of Justice has appointed Piotr Marciniak as President of the District Court in Poznań. | Press release of the Ministry of Justice |
| 15/04/2024 | The Minister of Justice appointed Małgorzata Solecka as President of the District Court in Kielce. | Press release of the Ministry of Justice |
| 15/04/2024 | The Minister of Justice, requested the Venice Commission to adopt the opinion on the draft Law amending the Law on the National Council of the Judiciary under the urgent procedure. | On 25 and 26 April 2024, a delegation of the Commission travelled to Warsaw and had meetings with the Minister of Justice, with the Supreme Court, with representatives of parliamentary factions, with the Chancellery of the President, with the Office of the Ombudsman, with the National Council of the Judiciary, the National Electoral Commission, representatives of the Ministry of Foreign Affairs as well as with representatives of judicial associations and civil society organisations. Press release of the Ministry of Justice |
| 12/04/2024 | The College of the District Court in Rybnik approved the dismissal of the President and Vice-president of the court. | The College of the District Court in Rybniki, at the request of the Minister of Justice, agreed to dismiss: 1. President of the District Court in Rybnik – Bartłomiej Witek; 2. Vice-president of the District Court in Rybnik – Ewa Janik; 3. Vice-president of the District Court in Rybnik – Paweł Stępień. Będą dymisje kolejnych prezesów od Ziobry na Śląsku. Bodnar ma zielone światło |
| 12/04/2024 | The Sejm passed a law amending the law on the National Council of the Judiciary prepared by the Ministry of Justice | This is the first law adopted by the Sejm regulating the situation in the Polish judiciary after eight years of PiS in power. Under the law, the 15 member-judges of the Council will be elected by judges in general elections organised by the National Electoral Commission. The members-judges of the NCJ will no longer be elected by the Sejm, which has been criticised by international and national courts. It is stipulated by the law that the terms of office of the current NCJ member-judges will expire on the day the results of the election for new Council’s members are announced. In addition, neo-judges will not be allowed to stand for election to the NCJ (they may, however, vote and sign letters of support for candidates). The bill will now go to the Senate (upper house). Press release of the Ministry of Justice Polish parliament passes bill to reverse previous government’s reform of judicial council Sejm przegłosował ustawę o KRS. Prezydent już zapowiedział, że ją zawetuje |
| 11/04/2024 | The College of the District Court in Gliwice approved the dismissal of the president and vice-president of the said court as well as the presidents and vice-presidents of the regional courts in Gliwice and Ruda Śląska. | The College of the District Court in Gliwice, at the request of the Minister of Justice, agreed to dismiss: 1. President of the District Court in Gliwice – Patryk Poniatowski; 2. Vice-president of the District Court in Gliwice – Wojciech Głowacki; 3. President of the Regional Court in Gliwice – Joanna Zachorowska; 4. President of the Regional Court in Ruda Śląska – Ewa Żarkiewicz-Marek; 5. Vice-president of the Regional Court in Gliwice – Barbara Klepacz; 6. Vice-president of the Regional Court in Gliwice – Anna Jaworska-Wieloch; 7. Vice-president of the Regional Court in Ruda Śląska – Adrian Klank. Upadek bastionu Pawełczyk-Woickiej w Krakowie. Bodnar ma też zgodę na dymisje w 3 sądach na Śląsku! |
| 11/04/2024 | The Minister of Justice dismissed the President of the District Court Warsaw-Praga in Warsaw – Michał Bukiewicz – and the Vice-president of the said court – Kinga Kubuj. | The dismissals were preceded by an adequate procedure. The College of the District Court Warsaw-Praga in Warsaw gave a positive opinion on the proposals of the Minister of Justice. Press release of the Ministry of Justice |
| 11/04/2024 | The Minister of Justice appointed Maria Leszczyńska as President of the District Court in Bydgoszcz. | Press release of the Ministry of Justice |
| 10/04/2024 | The Minister of Justice appointed Karol Ratajczak as President of the Court of Appeal in Poznań. | Press release of the Ministry of Justice |
| 10/04/2024 | The Minister of Justice dismissed the President of the District Court in Ostrołęka – Jarosław Tekliński. | The dismissal was preceded by an adequate procedure. The College of the District Court of Ostrołeka gave a positive opinion on the proposal of the Minister of Justice. Press release of the Ministry of Justice |
| 10/04/2024 | The Minister of Justice launched the procedure to dismiss the two vice-presidents of the Court of Appeal in Warsaw. At the same time, he decided to suspend them from their duties. | The Minister of Justice asked the College of the Court of Appeal in Warsaw to express its opinion on the dismissal of the two vice-presidents of the court: Edyta Dzielińska and Agnieszka Stachniak-Rogalska. The Minister of Justice suspended Edyta Dzielińska and Agnieszka Stachniak-Rogalska on 10 April 2024. A communiqué published by the Ministry of Justice gives the reasons for the decision to initiate the dismissal procedure and the suspension of the judges. In the case of suspended Edyta Dzielińska and Agnieszka Stachniak, the Minister’s request was justified by the lack of participation of all judges of the Court of Appeal in Warsaw in their election as vice-presidents of the court. Another argument in favour of the dismissal was the involvement of both individuals in the competition procedures before the neo-NCJ. Press release of the Ministry of Justice Bodnar odwołuje dwie wiceprezeski w Sądzie Apelacyjnym w Warszawie. Lasota też traci stanowisko |
| 09/04/2024 | The College of the District Court Warsaw-Praga in Warsaw agreed to dismiss the president and vice-president of the court. | The College of the District Court Warsaw-Praga, at the request of the Minister of Justice, approved the dismissal of: 1. President of the District Court Warsaw-Praga – Michał Bukiewicz; 2. Vice-president of the District Court Warsaw-Praga – Kinga Kubuj. Nominaci Ziobry zostaną usunięci z sądu okręgowego w Warszawie. Minister Bodnar ma zgodę na dymisje |
| 08/04/2024 | The Regional Court for the Capital City of Warsaw confirmed that the state broadcaster TVP is in a state of liquidation. | On 27 December 2023, the Minister of Culture announced that he was putting TVP, Polskie Radio and the Polish Press Agency (PAP) into liquidation. TVP jest w stanie likwidacji wedle KRS. To koniec prawnych przepychanek wokół legalności władz telewizji publicznej Court confirms Polish government’s move to put state TV into liquidation |
| 05/04/2024 | The Minister of Justice initiated the dismissal procedure of six presidents and vice-presidents of the regional courts in Tarnowskie Góry, Gliwice and Ruda Śląska. | The Minister of Justice initiated the procedure to dismiss the presidents and vice-presidents of the regional courts in Tarnowskie Góry, Gliwice and Ruda Śląska from their posts and informed the colleges of the said courts of his intention to dismiss: 1. President of the Regional Court in Tarnowskie Góry – Marcin Kulikowski; 2. President of the Regional Court in Gliwice – Joanna Zachorowska; 3. President of the Regional Court in Ruda Śląska – Ewa Żarkiewicz-Marek; 4. Vice-president of the District Court in Gliwice – Barbara Klepacz; 5. Vice-president of the District Court in Gliwice – Anna Jaworska-Wieloch; 6. Vice-president of the Regional Court in Ruda Śląska – Adrian Klanka. A communiqué published by the Ministry of Justice gives the reasons for the decision to initiate the procedure of dismissal from the posts of presidents and vice-presidents of the regional courts. The communiqué gives individual reasons for the dismissal of each judge. As a result of the initiation of the procedure for removal from their positions, the named judges were suspended from their duties. Press release of the Ministry of Justice Bodnar odwołuje prezesów sądów na Śląsku i w Ostrołęce. A w stolicy neo-sędziowie sami rezygnują |
| 04/04/2024 | A panel appointed by the Minister of Justice shortlisted candidates for the post of a European Prosecutor. | The following will apply for the position of a European Prosecutor: Tomasz Iwanowski Grażyna Stronikowska Piotr Turek Paweł Wąsik Following the interviews, the Panel will select three candidates to be presented to the EU-level Selection Committee, which will give its opinion on the candidates. Press release of the Ministry of Justice |
| 03/04/2024 | The Minister of Justice initiated proceedings to dismiss the President of the District Court in Ostrołeka, Judge Jarosław Tekliński. At the same time, he decided to suspend the judge from his post. | The Minister of Justice asked the College of the District Court in Ostrołeka to express its opinion on the dismissal of the President of that court. The Minister of Justice suspended Jarosław Tekliński on 3 April 2024. A communiqué published by the Ministry of Justice gives the reasons for the decision to initiate the dismissal procedure and the suspension of the judge. In the case of Judge Jarosław Tekliński, the Minister’s request was justified by the lack of participation of all judges of the District Court in Ostrołęka in his election as president of the court. Another argument in favour of the dismissal was the involvement of Judge Jarosław Tekliński in the competition procedure before the neo-NCJ. Press release of the Ministry of Justice |
| 02/04/2024 | Judge Jacek Bryl resigned as President of the District Court in Elbląg. Judge Katarzyna Jacewicz-Okuniewicz resigned as Vice-president of the District Court in Elbląg. Judge Przemysław Chrzanowski has resigned as Vice-president of the District Court Warsaw-Praga in Warsaw. | The Minister of Justice has so far not initiated the procedure to dismiss the management of the District Court in Elbląg. The Minister of Justice initiated the procedure to dismiss the management of the District Court Warsaw-Praga on 27 March 2024. Press release of the Ministry of Justice |
March
March 2024
| Date | Event | Remarks |
|---|---|---|
| 29/03/2024 | The Prosecutor General appointed eleven prosecutors, demoted in 2016 in violation of the principles of equal treatment and non-discrimination by the then Prosecutor General Zbigniew Ziobro, to higher positions. | Adam Bodnar thanked the prosecutors for their attitude over the past eight years, particularly for continuing to carry out their official duties for the benefit of citizens despite their unjustified demotion. Press release of the National Public Prosecutor’s Office Usunięci przez Ziobrę prokuratorzy wracają na stanowiska |
| 28/03/2024 | The Minister of Justice terminated delegations to the Court of Appeal in Warsaw of five lower-instance judges. | The Minister of Justice removed the following judges from secondment to serve as judges of the Court of Appeal in Warsaw: 1. Piotr Maksymowicz; 2. Agnieszka Stachniak-Rogalska; 3. Jolanta Stasińska; 4. Dagmara Pawełczyk-Woicka; 5. Adam Jaworski. All judges were seconded to the Court of Appeal based on decisions by the previous Minister of Justice, Zbigniew Ziobro. In the opinion of the current Minister of Justice, five judges from district courts do not have sufficient experience and seniority to adjudicate in the Court of Appeal. Press release of the Ministry of Justice Minister odwołał pięcioro sędziów z delegacji do SA w Warszawie Szefowa nielegalnej KRS Pawełczyk-Woicka traci stanowisko w sądzie w Warszawie. Wraca do Krakowa |
| 28/03/2024 | The Minister of Justice appointed Professor Krystian Markiewicz as Chairman of the Commission for the Codification of the System of Judiciary and Public Prosecution. | The Commission is tasked with drafting bills concerning the organisation of the judiciary and the prosecution service. It will also provide opinions on draft bills, which will be forwarded to it by the Minister of Justice for evaluation. Prezes Iustitii na czele Komisji Kodyfikacyjnej Ustroju Sądownictwa i Prokuratury Prezes Iustitii przewodniczącym Komisji Kodyfikacyjnej Ustroju Sądów i Prokuratury |
| 27/03/2024 | The Minister of Justice launched a procedure to dismiss president and two vice-presidents of the District Court Warsaw-Praga in Warsaw. At the same time, he decided to suspend them from their duties. | The Minister of Justice asked the College of the District Court Warsaw-Praga in Warsaw to express its opinion on the removal from office of Judge Michał Bukiewicz – President of the District Court Warsaw-Praga in Warsaw and Judges Przemysław Chrzanowski and Kinga Kubaj, Vice-Presidents of the District Court Warsaw-Praga in Warsaw. As regards each of these persons, he suspended them from their duties as of 27 March 2024. A press release published by the Ministry of Justice gave the reasons for the decision to initiate the procedure to dismiss the president and two vice-presidents of the District Court Warsaw-Praga in Warsaw from their positions. In particular, it was indicated that the appointment of presidents and vice-presidents of ordinary courts by the previous Minister of Justice, Zbigniew Ziobro, was made on the basis of a political factor. Judges without sufficient experience used to be appointed to management positions. Press release of the Ministry of Justice MS wszczyna procedurę odwołania prezesa Sądu Okręgowego Warszawa-Praga Bodnar odwołuje prezesa sądu w Warszawie. Paweł Juszczyszyn nowym prezesem w Olsztynie? |
| 27/03/2024 | The Minister of Justice appointed Professor Włodzimierz Wróbel as Chairman of the Commission for the Codification of Criminal Law. | The tasks of the Commission for the Codification of Criminal Law include drafting regulations in the broad field of substantive, procedural and executive criminal law, fiscal criminal law and misdemeanour law. Press release of the Ministry of Justice |
| 26/03/2024 | The Minister of Justice has appointed Marta Witoszyńska as President of the District Court in Łódź. | Press release of the Ministry of Justice |
| 26/03/2024 | Meeting between the Minister of Justice and representatives of the International Rescue Committee (IRC). | The meeting focused on: the Ministry of Justice’s response to the humanitarian crisis, the situation of people from Ukraine in Poland and the legal aid offered to refugees in Poland. Press release of the Ministry of Justice |
| 25/03/2024 | The College of the District Court in Kraków approved the dismissal of presidents and vice-presidents of the said court and of regional courts under the jurisdiction of the District Court in Kraków. | The College of the District Court in Kraków, at the request of the Minister of Justice, agreed to the dismissal: 1. President of the Regional Court for Kraków-Podgórze in Kraków – Marcin Cichoński; 2. Vice-president of the Regional Court for Kraków Nowa-Huta in Kraków – Łukasz Felisiak; 3. President of the Regional Court in Sucha Beskidzka – Izabela Fluder; 4. President of the Regional Court in Miechów – Jarosław Koczański; 5. President of the Regional Court in Wadowice – Karolina Miklaszewska; 6. President of the Regional Court in Wieliczka – Ewa Motyczyńska-Pałys; 7. Vice-president of the Regional Court in Myślenice – Lucyna Podsadecka; 8. President of the Regional Court for Kraków Nowa Huta in Kraków – Maciej Pragłowski; 9. President of the Regional Court for Kraków-Śródmieście in Kraków – Piotr Skrzyszowski; 10. President of the Regional Court in Myślenice – Małgorzata Święch. Jest zgoda na dymisje prezesów sądów od Ziobry w Krakowie. Minister Bodnar może już ich odwołać Zgoda na odwołanie prezesów sądów powołanych przez Zbigniewa Ziobrę. Ale część dawnych nominatów udało się obronić |
| 25/03/2024 | The Association of Polish Judges ‘Iustitia’ submitted to the Prosecutor General a notice of possible criminal offences committed by all current and former members of the neo-NCJ. | The Association submitted a notice to the Minister of Justice – Prosecutor General which indicates the criminal offences and breaches of ethics committed by the candidates for the neo-NCJ. Iustitia believes that, as public functionaries, they took actions contrary to the law – they abused their power and violated ethical rules. Iustitia składa zawiadomienie w sprawie sędziów/członków KRS SSP „Iustitia” składa zawiadomienie o popełnieniu przestępstw Iustitia składa zawiadomienie na członków neo-KRS. Chce ich ścigania karnego i dyscyplinarnego |
| 22/03/2024 | The President of the Court of Appeal in Lublin – Jerzy Daniluk – and the Vice President of this court – Piotr Czerski – resigned from their positions. | Jerzy Daniluk and Piotr Czerski are neo judges. While resigning as president, Jerzy Daniluk published an open letter on the court’s website. He writes that the court under his leadership had a good work record, and the reason for his resignation is his opposition to the changes introduced in the judiciary by the new Minister of Justice – Adam Bodnar. Prezes lubelskiej apelacji rezygnuje i wzywa neo-sędziów, by przestali orzekać Nominaci Ziobry sami składają dymisje. Zrezygnowało całe kierownictwo sądów w Lublinie i Elblągu |
| 22/03/2024 | The Minister of Justice appointed Dorota Markiewicz as President of the Court of Appeal in Warsaw. | The candidature of Dorota Markiewicz for the post of President of the Court of Appeal in Warsaw was supported by 71 of the 74 judges of the General Assembly of Judges of the Court of Appeal. Dorota Markiewicz will replace Piotr Schab, dismissed from his post by the Minister of Justice on 21 February 2024, as President of the Court of Appeal in Warsaw. Press release of the Ministry of Justice Koniec buntu Schaba, Sąd Apelacyjny w Warszawie ma nowego prezesa. Sypie się też opór neo-KRS. |
| 21/03/2024 | Open letter from the new National Prosecutor – Dariusz Korneluk to prosecutors and staff of the prosecution service. | The seminar was attended, among others, by representatives of IDEA, the Helsinki Foundation for Human Rights, the Association of Polish Judges ‘Iustitia’ and the Association of Judges ‘Themis’. Press release of the Ministry of Justice |
| 20/03/2024 | Open letter from the new National Prosecutor – Dariusz Korneluk to prosecutors and staff of the prosecution service. | Text of the letter |
| 20/03/2024 | The Minister of Justice launched a procedure to dismiss eight presidents and vice-presidents of district courts under the jurisdiction of the Court of Appeal in Katowice. In addition, the Minister of Justice initiated the procedure to dismiss the President of the Court of Appeal in Katowice – Katarzyna Frydrych. | The Minister of Justice launched a procedure to dismiss presidents and vice-presidents of a number of district courts under the jurisdiction of Court of Appeal in Katowice and informed the colleges of these courts of his intention to remove them from office: 1. President of the District Court in Bielsko-Biała – Anna Szwed-Szczygieł; 2. President of the District Court in Gliwice – Patryk Poniatowski; 3. Vice-president of the District Court in Gliwice – Wojciech Głowacki; 4. President of the District Court in Rybnik – Bartłomiej Witek; 5. Vice-president of the District Court in Rybnik – Ewa Janik; 6. Vice-president of the District Court in Rybnik – Paweł Stępień; 7. President of the District Court in Sosnowiec – Ewa Łąpińska; 8. Vice-president of the District Court in Sosnowiec – Katarzyna Czerwińska-Koral. A communiqué published by the Ministry of Justice gives the reasons for the decision to initiate the procedure of dismissal from the posts of presidents and vice-presidents of the district courts and the President of the Court of Appeal in Katowice. The communiqué gives individual reasons for the dismissal of each judge. As a result of the initiation of the procedure for removal from their positions, the named judges were suspended from their duties. Press release of the Ministry of Justice Frydrych, była zastępczyni Ziobry, traci stanowisko. Bodnar odwołuje 5 prezesów sądów na Śląsku |
| 20/03/2024 | Meeting between the Minister of Justice and representatives of the European Lawyers in Lesvos in Warsaw. | The meeting concerned the activities of the Ministry of Justice in providing assistance to refugees and the humanitarian crisis on the Polish-Belarusian border. Press release of the Ministry of Justice |
| 19/03/2024 | The College of the District Court in Olsztyn approved the dismissal of presidents and vice-presidents of the said court and of regional courts within the jurisdiction of the District Court in Olsztyn. | The College of the District Court in Olsztyn, at the request of the Minister of Justice, agreed to the dismissal: 1. President of the District Court in Olsztyn – Michał Lasota; 2. Vice-President of the District Court in Olsztyn – Marcin Czapski; 3. Vice-President of the District Court in Olsztyn – Tomasz Kosakowski; 4. President of the Regional Court in Olsztyn – Maciej Nawacki; 5. Vice-president of the Regional Court in Olsztyn – Tomasz Koszewski;` 6. Vice-president of the Regional Court in Olsztyn – Adam Jaroczyński; 7. President of the Regional Court in Biskupiec – Tomasz Turkowski. Koniec prezesów Nawackiego i Lasoty! Jest zgoda na odwołanie ich i czterech zastępców |
| 15/03/2024 | Minister of Justice participated at the Plenary Session of the Venice Commission of the Council of Europe. | Minister of Justice reported to the Venice Commission on actions to restore the rule of law in Poland. Press release of the Ministry of Justice 138th Plenary Session of the Venice Commission of the Council of Europe |
| 14/03/2024 | A committee appointed by the Minister of Justice made a recommendation on the appointment of the Director of the National School of the Judiciary and Public Prosecution. | Judge Wojciech Postulski has been recommended for the post of Director of the National School of the Judiciary and Public Prosecution. Judge Wojciech Postulski served as Secretary General of the European Judicial Training Network EJTN from 2014 to 2019. Press release of the Ministry of Justice Sędzia Wojciech Postulski z rekomendacją na dyrektora KSSiP |
| 14/03/2024 | The Minister of Justice met with the Vice-President of the European Commission, Věra Jourova. | The talks focused on the actions of the Polish government to restore the rule of law. Minister of Justice expressed his hope that further implementation of the reforms of the judiciary will lead to the termination of the procedure initiated against Poland under the Article 7 of the TEU. Press release of the Ministry of Justice |
| 14/03/2024 | Prime Minister Donald Tusk appointed Dariusz Korneluk as National Prosecutor. | The candidate for National Prosecutor was provided by a Special Committee appointed by the Minister of Justice after a public hearing of all applicants. Press release of the Ministry of Justice Dariusz Korneluk jest już prokuratorem krajowym Tusk powołał prokuratora krajowego. Duda odmawia wydania opinii |
| 12/03/2024 | The Minister of Justice once again appointed Disciplinary Officer of the Minister of Justice – Judge Włodzimierz Brazewicz. His task is to take over for examination and conduct cases initiated by the Disciplinary Officer of Common Courts’ Judges (Piotr Schab) and his deputies (Przemysław Radzik and Michał Lasota). | Judge Włodzimierz Brazewicz took over 12cases initiated by the Disciplinary Officers of Common Court’s Judges for examination and conduct (cases against Paweł Juszczyszyn, Bartłomiej Starosta, Maciej Ferek). The judges appointed by the Minister as ad hoc officers provide a guarantee of impartial, independent and professional conduct of the indicated cases, taking into account the standards arising from the decisions of international tribunals and Polish courts, including judgments of the CJEU of 15 July 2021, C-791/19 and of 5 June 2023, C-204/21. Press release of the Ministry of Justice Bodnar odebrał 12 dyscyplinarek ludziom Ziobry. Nie będą już ścigać Juszczyszyna, Ferka i Starosty |
| 11/03/2024 | The Minister of Justice launched a procedure to dismiss 6 presidents and vice-presidents of regional courts under the jurisdiction of the District Court in Olsztyn. | The Minister of Justice launched a procedure to dismiss presidents and vice-presidents of a number of regional courts under the jurisdiction of the District Court in Olsztyn and informed the College of the District Court in Olsztyn of his intention to remove them from office: 1. President of the Regional Court in Olsztyn – Maciej Nawacki; 2. Vice-president of the Regional Court in Olsztyn – Tomasz Koszewski; 3. Vice-president of the Regional Court in Olsztyn – Adam Jaroczyński; 4. President of the Regional Court of Bartoszyce – Mr Mirosław Skowyra; 5. President of the Regional Court in Biskupiec – Tomasz Turkowski; 6. President of the Regional Court in Kętrzyn – Tomasz Cichocki. A communiqué published by the Ministry of Justice gives the reasons for the decision to initiate the proceedings to dismiss presidents and vice-presidents of regional courts from their posts. In particular, it is pointed out that the appointment of presidents and vice-presidents of regional courts by the previous Minister of Justice – Zbigniew Ziobro – was made on the basis of a political factor. Positions were given to people with insufficient experience. As a result of the initiation of the procedure for removal from their positions, the named judges were suspended from their duties. Press release of the Ministry of Justice Nawacki i Lasota tracą stanowiska prezesów sądów! To długo wyczekiwane dymisje symboli „reform” PiS |
| 11/03/2024 | The Minister of Justice launched a procedure to dismiss the president and two vice-presidents of the District Court in Olsztyn. At the same time, he decided to suspend them from their duties. | The Minister of Justice asked the College of the District Court in Olsztyn to express its opinion on the removal from office of Judge Michał Lasota, President of the District Court in Olsztyn, and Judges Marcin Czapski and Tomasz Kosakowski, Vice-Presidents of the District Court in Olsztyn. As regards each of these persons, he suspended them from their duties as of 11 March 2024. A communiqué published by the Ministry of Justice gives the reasons for the decision to initiate the proceedings to dismiss the president and two vice-presidents of the District Court in Olsztyn from their posts. Regarding Judge Michał Lasota, the request by the Minister of Justice was justified by the abuse of the function of Deputy Disciplinary Officer of Common Courts’ Judges by initiating disciplinary proceedings against judges applying European law. Press release of the Ministry of Justice |
| 09/03/2024 | The Regional Court for Warszawa-Śródmieście in Warsaw issued a decision to remove the decision of the Disciplinary Chamber to suspend Judge Pawel Juszczyszyn from the Supreme Court’s website. | The First President of the Supreme Court was ordered to remove from the website of the Supreme Court the decision of the Disciplinary Chamber of February 2020 to permanently suspend Judge Paweł Juszczyszyn of the District Court in Olsztyn. She has seven days to do so – from the date the ruling becomes final – on pain of a 15,000 PLN fine. Sąd: Manowska ma 7 dni na usunięcie decyzji Izby Dyscyplinarnej o zawieszeniu Juszczyszyna |
| 07/03/2024 | The Minister of Justice / Prosecutor General announced a competition for candidates to serve as the Polish European Public Prosecutor at the EPPO. | The competition is related to the European Commission’s recent decision to approve Poland’s accession to the EPPO. The national committee will select three candidates to be presented to the Selection Committee at EU level. The person appointed as the European Public Prosecutor will exercise his or her function in Luxembourg, the headquarters of the EPPO. Each European Public Prosecutor is a member of the EPPO College, which is the main decision-making body of the EPPO (on strategic matters to ensure coherence, consistency, and efficiency in the prosecution policy). Press release of the Ministry of Justice Rusza nabór kandydatów na stanowisko Prokuratora Europejskiego Why Poland Should Join the European Public Prosecutor |
| 06/03/2024 | The Sejm adopted the Resolution on remedying the effects of the constitutional crisis of 2015 – 2023 in the context of the Constitutional Tribunal’s activities. | The resolution of the Sejm states that the judicial appointments made in 2015 (3 judges doubles) violate the Constitution of the Republic of Poland and the Convention on Human Rights, and are therefore null and void and have no legal effect. The resolution also calls on the judges of the Constitutional Tribunal to voluntarily resign and join the democratic transition process. Furthermore, the resolution claims that the position of the CT President is held by an unauthorised person. The Constitutional Tribunal, under the leadership of Julia Przyłębska, has lost any ability to apolitically examine the cases pending before it. Resolution Sejm podjął uchwałę w sprawie Trybunału Konstytucyjnego |
| 05/03/2024 | Judgment of the Voivodeship Administrative Court in Białystok on illegal pushbacks at the Polish-Belarusian border (II SA/Bk 71/24). | The Voivodeship Administrative Court in Białystok found that the Regulation of the Minister of Internal Affairs which allows for the use of pushbacks against foreigners is contrary to the Polish Constitution, EU law and the Convention on Human Rights. The court found that neither national legislation nor factual circumstances (including a migration crisis at the EU’s external border caused by external factors) could preclude a Member State from applying the principle of non-refoulement, even to foreigners crossing the Polish borders illegally. Judgment Sąd: pushback obywatela Etiopii „bezskuteczny”. Rozporządzenie Kamińskiego z 2021 r. sprzeczne z prawem |
| 04/03/2024 | The Minister of Justice launched a procedure to dismiss 12 presidents and vice-presidents of regional courts under the jurisdiction of the District Court in Kraków. | The Minister of Justice launched a procedure to dismiss presidents and vice-presidents of a number of regional courts under the jurisdiction of the District Court in Kraków and informed the College of the District Court in Kraków of his intention to remove them from office: 1. President of the Regional Court for Kraków-Podgórze in Kraków – Marcin Cichoński; 2. Vice-president of the Regional Court for Kraków Nowa-Huta in Kraków – Łukasz Felisiak; 3. President of the Regional Court in Sucha Beskidzka – Izabela Fluder; 4. President of the Regional Court in Miechów – Jarosław Koczański; 5. President of the Regional Court in Wadowice – Karolina Miklaszewska; 6. President of the Regional Court in Wieliczka – Ewa Motyczyńska-Pałys; 7. Vice-president of the Regional Court in Myślenice – Lucyna Podsadecka; 8. President of the Regional Court for Kraków Nowa Huta in Kraków – Maciej Pragłowski; 9. President of the Regional Court for Kraków-Śródmieście in Kraków – Piotr Skrzyszowski; 10. President of the Regional Court in Chrzanów – Rafał Sobczuk; 11. President of the Regional Court in Myślenice – Małgorzata Święch; 12. President of the Regional Court in Olkusz – Wojciech Trzaska. A communiqué published by the Ministry of Justice gives the reasons for the decision to initiate the proceedings to dismiss presidents and vice-presidents of regional courts from their posts. In particular, it is pointed out that the appointment of presidents and vice-presidents of regional courts by the previous Minister of Justice – Zbigniew Ziobro – was made on the basis of a political factor. Positions were given to people with insufficient experience. As a result of the initiation of the procedure for removal from their positions, the named judges were suspended from their duties. Press release of the Ministry of Justice Kilkunastu prezesów i wiceprezesów sądów z okręgu krakowskiego do odwołania |
| 04/03/2024 | The Minister of Justice launched a procedure to dismiss the president and three vice-presidents of the District Court in Kraków. At the same time, he decided to suspend them from their duties. | The Minister of Justice asked the College of the District Court in Kraków to express its opinion on the removal from office of Judge Bartłomiej Migda, President of the District Court in Kraków, and Judges Irena Bochniak, Piotr Kowalski and Michał Puza, Vice-Presidents of the District Court in Kraków. As regards each of these persons, he suspended them from their duties as of 4 March 2024. A communiqué published by the Ministry of Justice gives the reasons for the decision to initiate the proceedings to dismiss the president and three vice-presidents of the District Court in Kraków from their posts. The Minister of Justice took the decision to initiate the proceedings for the dismissal and suspension of the Leadership of the District Court in Kraków after carefully studying the request of a group of 180 judges from the area of jurisdiction of the District Court in Kraków dated 22 January 2024 and after analysing documents concerning the situation of the court. Press release of the Ministry of Justice |
| 04/03/2024 | The Minister of Justice dismissed the Vice-president of the Court of Appeal in Kraków – Judge Katarzyna Wysokińska-Walenciak. | On 31 January 2024, the Minister of Justice initiated the procedure for the dismissal of Judge Katarzyna Wysokińska-Walenciak from the post of Vice-President of the Court of Appeal in Kraków. The Minister of Justice asked the College of the Court of Appeal in Kraków to express its opinion on the matter. Judge Katarzyna Wysokińska-Walenciak has been suspended from her position as Vice-President of the Court of Appeal in Kraków. In the opinion of the Minister of Justice, the College of the Court of Appeal did not express its opinion within the statutory time limits. Indeed, the College of the Court of Appeal did not adopt the resolution required by law to express an opinion. Press release of the Ministry of Justice |
| 04/03/2024 | The Minister of Justice met with Bjørn Berge, Deputy Secretary General of the Council of Europe. | The talks focused on various aspects of the current and future cooperation of the new Polish government with the Council of Europe, as well as on building mechanisms to restore the rule of law in Poland. Press release of the Ministry of Justice |
| 04/03/2024 | The Minister of Justice presented a plan to reform and restore the Constitutional Tribunal. | The plan to restore the Constitutional Tribunal includes a set of 4 legal acts: • Resolution of the Sejm on remedying the effects of the constitutional crisis of 2015 – 2023 in the context of the Constitutional Tribunal’s activities; • Bill on the Constitutional Tribunal; • Law introducing the Bill on the Constitutional Tribunal; • Act amending the Constitution. The resolution of the Sejm states that the judicial appointments made in 2015 (3 judges doubles) violate the Constitution of the Republic of Poland and the Convention on Human Rights, and are therefore null and void and have no legal effect. The resolution also calls on the judges of the Constitutional Tribunal to voluntarily resign and join the democratic transition process. Furthermore, the resolution claims that the position of the CT President is held by an unauthorised person. The Constitutional Tribunal, under the leadership of Julia Przyłębska, has lost any ability to apolitically examine the cases pending before it. Press release of the Ministry of Justice Konferencja prasowa w sprawie naprawy Trybunału Konstytucyjnego Cztery akty prawne mają uzdrowić Trybunał Konstytucyjny Polish government unveils planned overhaul of “defective” constitutional court |
February
February 2024
| Date | Event | Remarks |
|---|---|---|
| 29/02/2024 | The European Commission issued a positive assessment of Poland’s first application for payments from the recovery package. | The Commission concludes that Poland has satisfactorily fulfilled the two “super milestones” to strengthen important aspects of the independence of the Polish judiciary through reforming the disciplinary regime for judges. Once confirmed by Member States, Commission’s assessment would allow for the disbursement of €6.3 billion in the coming weeks, from a total of up to €59.8 billion in Recovery and Resilience Facility funds to Poland. Press release of the Ministry of Justice Poland’s efforts to restore rule of law pave the way for accessing up to €137 billion in EU funds |
| 29/02/2024 | The European Commission took a positive decision on Poland’s accession to the EPPO. | Poland will become part of the EPPO on the day when the Commission’s decision enters into force. The European Public Prosecutor’s Office will be able to start its activities and investigations in Poland 20 days after the Council appoints the European Prosecutor from Poland. There will be 24 European prosecutors in Poland – those will be the district prosecutors. They will operate in three or four EPPO offices: one in Warsaw and the rest in other cities in the country. Press release of the Ministry of Justice |
| 27/02/2024 | Minister of Justice met with the Director General Christos Giakoumopoulos of the Human Rights and Rule of Law Directorate of the Council of Europe. | The main topic of the talks was the implementation of the judgments of the European Court of Human Rights concerning the independence of courts and judges. Press release of the Ministry of Justice |
| 26/02/2024 | The Committee appointed by the Minister of Justice to select a candidate for the post of National Prosecutor held a public hearing of the candidates. The Committee nominated Dariusz Korneluk as a candidate for National Prosecutor. | The National Prosecutor is formally appointed by the Prime Minister after obtaining the opinion of the President of the Republic. Press release of the Ministry of Justice Press conference of the Minister of Justice |
| 26/02/2024 | Minister of Justice Adam Bodnar met with the Director of the OSCE Office for Democratic Institutions and Human Rights Matteo Mecacci | The main topic of the meeting was the possibilities of cooperation between the Ministry of Justice and the ODIHR Office and support of this institution in the process of restoring the rule of law in Poland. Press release of the Ministry of Justice |
| 23/02/2024 | The Minister of Justice launched the procedure to dismiss the president and vice-president of the District Court in Poznań. At the same time, he decided to suspend them from their duties. | The Minister of Justice asked the College of the District Court in Poznań to express an opinion on the removal from office of Judge Daniel Jurkiewicz, President of the District Court in Poznań, and Judge Michał Inglot, Vice-President of the District Court in Poznań. With regard to each of these persons, he suspended them from their functions as of 23 February 2024. A communiqué published by the Ministry of Justice gives the reasons for the decision to initiate the proceedings for the dismissal from the posts of president and vice-president of the District Court in Poznań. Press release of the Ministry of Justice Wszczęto odwoływanie ze stanowisk prezesa i wiceprezesa SO w Poznaniu |
| 23/02/2024 | The Minister of Justice once again appointed Disciplinary Officers of the Minister of Justice – Judge Grzegorz Kasicki and Judge Tomasz Szymański. Their task is to take over for examination and conduct cases initiated by the Disciplinary Officer of Common Courts’ Judges (Piotr Schab) and his deputies (Przemysław Radzik and Michał Lasota). | Judge Grzegorz Kasicki took over 7 cases initiated by the Disciplinary Officers of Common Court’s Judges against Judge Waldemar Żurek. Judge Tomasz Szymański took over 10 cases initiated by the Disciplinary Officers of Common Court’s Judges (including against Judge Agnieszka Niklas-Bibik) for examination and conduct. The judges appointed by the Minister as ad hoc officers provide a guarantee of impartial, independent and professional conduct of the indicated cases, taking into account the standards arising from the decisions of international tribunals and Polish courts, including judgments of the CJEU of 15 July 2021, C-791/19 and of 5 June 2023, C-204/21. Press release of the Ministry of Justice |
| 21/02/2024 | The National Public Prosecutor’s Office opened an investigation into the case of Piotr Schab (Disciplinary Officer for Common Court’s Judges) and Przemysław Radzik (Deputy Disciplinary Officer for Common Court’s Judges). | The investigation concerns the exceeding of powers by the two judges. Piotr Schab – former President of the District Court in Warsaw and Przemysław Radzik – former Vice-President of the District Court in Warsaw between November 2020 and July 2021 prevented Judge Igor Tuley, who had been suspended on the basis of a decision of the Disciplinary Chamber, from performing his duties. The investigation will examine whether the judges broke the law by not allowing Igor Tuley to work. Prokuratura krajowa wszczęła śledztwo ws. Schaba i Radzika. Za blokowanie sędziego Tulei |
| 21/02/2024 | Minister of Justice – Adam Bodnar dismissed the president of the Court of Appeal in Warsaw – Judge Piotr Schab. | On 18 January 2024, the Minister of Justice initiated the procedure to dismiss Judge Piotr Schab from his position as President of the Court of Appeal in Warsaw. The Minister of Justice asked the College of the Court of Appeal in Warsaw for its opinion on the matter. Judge Piotr Schab was suspended from his post as President of the Court of Appeal in Warsaw at the time. In the opinion of the Minister of Justice, the College of the Court of Appeal did not express its opinion within the statutory time limits. Indeed, the College of the Court of Appeal did not adopt the resolution required by law to express an opinion. Furthermore, while dismissing the President of the Court of Appeal in Warsaw – Piotr Schab, the Minister of Justice disregarded the interim order of the Constitutional Tribunal of 1 February 2024 (Ts 19/24). Press release of the Ministry of Justice MS: Pewne podstawy odwołania prezesa Schaba |
| 21/02/2024 | The Prosecutor General appointed the Committee to pick a candidate for the position of National Prosecutor. | Five prosecutors submitted applications for the competition for the position of National Prosecutor. Deputy Minister of Justice Maria Ejchart was appointed a Chairman of the Committee. Press release of the Ministry of Justice |
| 20/02/2024 | The Council of Ministers, at the proposal of the Minister of Justice, adopted a draft amendment to the Law on the National Council of the Judiciary. The draft bill was sent to the Sejm (Parliament). | The main objective of the change is to restore the constitutionality of the provisions that concern the election of judges to the National Council of the Judiciary. The 15 judges – members of the National Council of the Judiciary will be elected by all Polish judges and not by the Sejm. Press release of the Ministry of Justice Nowela ustawy o KRS coraz bliżej Sejmu – rząd przyjął projekt Polish government approves changes to remove political influence over judicial council |
| 20/02/2024 | The Minister of Justice Adam Bodnar and the Minister for European Union Affairs Adam Szłapka attended the meeting of the General Affairs Council. The Minister of Justice presented the Action Plan to Restore the Rule of Law in Poland. The main points of the planned reform concern the National Council of the Judiciary, the Supreme Court, the Constitutional Tribunal, and the separation of the office of the Minister of Justice and the Prosecutor General. | The Action Plan, presented by the Minister of Justice, outlines deadlines for adopting 10 bills aiming to restore judicial independence in Poland and progress the EU Treaty’s Article 7 procedure. The plan provides for a set of legislative and non-legislative measures that will be implemented in compliance with all the principles expressed in the Constitution of the Republic of Poland, EU law, and the principles arising from the case-law of the Court of Justice of the European Union. Press release of the Ministry of Justice General Affairs Council, 20 February 2024 Poland starts process of exiting EU’s “Article 7” rule-of-law procedure Poland takes first step to withdraw Article 7 procedure Bodnar’s Action Plan. How to restore the rule of law and unblock funds for the National Recovery and Resilience Plan |
| 20/02/2024 | The Minister of Justice hosted a meeting with representatives of judges’ organisations | The meeting was attended by representatives of, among others, the Association of Polish Judges ‘Iustitia’, the Forum for Cooperation of Judges, the Polish National Association of Administrative Court Judges, and the Association of Judges ‘Themis’. The Minister of Justice presented a plan for changes in the organisation of the judiciary. He discussed current problems with the organisations and agreed on a regular form of cooperation in the future. Press release of the Ministry of Justice |
| 16/02/2024 | The Minister of Justice seconded Judge Anna Kalbarczyk to the Warsaw-Praga District Court (from the Warsaw Court of Appeal). | Judge Anna Kalbarczyk as the first (neo)judge in Poland has expressed her willingness to run again in a competition conducted by the legitimate National Council of the Judiciary. Judge Anna Kalbarczyk has accepted a nomination to the Court of Appeal in Warsaw from the neo-NCJ. She previously worked at the Warszawa-Praga District Court. Press release of the Ministry of Justice Jest decyzja Bodnara w sprawie neo-sędzi Kalbarczyk. Minister cofnął ją do starego sądu Pierwsza neo-sędzia na własną prośbę oddelegowana do sądu niższej instancji |
| 15/02/2024 | The Supreme Court – Criminal Chamber stated that Michał Lasota, the Deputy Disciplinary Officer of Common Court’s Judges, is not an independent judge. | The Supreme Court ruled that Michał Lasota, as a judge, did not ensure citizens’ right to a fair trial. The ruling highlights that, as Disciplinary Officer, Michał Lasota prosecuted judges for applying European law and accepted the functioning of the illegal neo-NCJ. SN: Michał Lasota nie jest niezależnym sędzią. Awanse zawdzięcza resortowi Ziobry i neo-KRS |
| 15/02/2024 | The Minister of Justice, Prosecutor General sent an open letter to President Lech Wałęsa and the signatories of the appeal for a review of politically motivated prosecutions between 2015 and 2023. | The Prosecutor General stressed the need to review all prosecutions that may have been politically motivated during the PiS regime. The Prosecutor General mentioned, among others, proceedings against social activists, ethnic and national minorities, representatives of the LGBTQ+ community and organisations and individuals supporting refugees on the Polish-Belarusian border. Press release of the Ministry of Justice Ponad 30 organizacji apeluje o przegląd i zakończenie politycznych śledztw |
| 15/02/2024 | The Minister of Justice once again appointed Disciplinary Officers of the Minister of Justice – Judge Grzegorz Kasicki, Judge Włodzimierz Brazewicz and Judge Tomasz Szymański. Their task is to take over for examination and conduct cases initiated by the Disciplinary Officer of Common Courts’ Judges (Piotr Schab) and his deputies (Przemysław Radzik and Michał Lasota). | Judge Grzegorz Kasicki took over 4 cases initiated by the Disciplinary Officers of Common Court’s Judges (including against Judge Anna Bator-Ciesielska) for examination and conduct. Judge Wlodzimierz Brazewicz took over for examination and conduct 9 cases brought by the Disciplinary Officers of Common Court’s Judges. Judge Tomasz Szymański took over 17 cases initiated by the Disciplinary Officers of Common Court’s Judges (including against Judge Marzanna Piekarska-Drążek) for examination and conduct. The judges appointed by the Minister as ad hoc officers provide a guarantee of impartial, independent and professional conduct of the indicated cases, taking into account the standards arising from the decisions of international tribunals and Polish courts, including judgments of the CJEU of 15 July 2021, C-791/19 and of 5 June 2023, C-204/21. Press release of the Ministry of Justice Bodnar odbiera ludziom Ziobry dyscyplinarki wytoczone sędziom. Przejmą je specjalni rzecznicy |
| 13/02/2024 | Judge Katarzyna Capałowska as the second (neo)judge in Poland expressed her willingness to be verified and to run again in the competition before the legal National Council for the Judiciary. | Katarzyna Capałowska submitted a statement to the Court of Appeal in Warsaw expressing her willingness to be verified and agreeing to the withdrawal of her appointment to this court provided by the neo-NCJ. Judge Katarzyna Capałowska was nominated to the Court of Appeal in Warsaw by the neo-NCJ in November 2019. She previously worked at the District Court in Warsaw. Już druga neo-sędzia chce cofnięcia nominacji od neo-KRS. Dla dobra obywateli przestała też orzekać Neo-sędzia chce być sędzią – brak systemowych rozwiązań komplikuje sprawę |
| 09/02/2024 | The Prosecutor General announced a competition for the post of National Prosecutor and appointed a panel to assess the candidates. | The candidate for National Prosecutor must have at least 15 years of experience as an independent prosecutor, present his or her career path and conception of the prosecutor’s office. He or she must also submit a list of support signed by at least 50 active serving prosecutors or assistant prosecutors. Press release of the Ministry of Justice Zaczyna się konkurs na nowego prokuratora krajowego. Startuje Ewa Wrzosek |
| 09/02/2024 | The Minister of Justice signed an order on the competition and selection of candidates for the post of Director of the National School of the Judiciary and Public Prosecution. | The competition is open to judges and prosecutors (including retired ones) or persons with the academic title of professor or PhD in law. Opinions on the candidates and their ranking will be presented to the Minister by a specially appointed panel. Press release of the Ministry of Justice |
| 07/02/2024 | The Supreme Court – Chamber of Professional Liability, sitting as a single judge, ruled that the Chamber of Professional Liability does not meet the requirements of a court established by law. | The Chamber of Professional Liability replaced the Disciplinary Chamber, whose legality was challenged by the ECtHR and the CJEU. The 11 judges of the Chamber were appointed by the President of the Republic from among 33 Supreme Court judges drawn by the First President of the Supreme Court. 6 members of the Chamber are neo-judges. Judge Barbara Skoczkowska (a legal judge), a member of the Chamber of Professional Liability, issued an order stating that the Chamber of Professional Liability was defectively established (under the discretionary power of the President) and does not meet the requirements of an independent court established by law. This is because six of its eleven members had obtained judicial positions following a defective procedure carried out by the neo-NCJ. Osiem wad Izby Odpowiedzialności Zawodowej SN: Izba Odpowiedzialności Zawodowej nie jest legalnym sądem. Ma „ustrojową i strukturalną wadę” |
| 07/02/2024 | Announcement by the Minister of Justice on standards for the right to a fair trial. | The communiqué stresses that the NCJ formed by the 2017 law is not a body independent of the executive and legislative powers. Consequently, the presumption of judicial independence and impartiality is undermined with regard to a judge appointed with the participation of the new NCJ, as his or her appointment was made in gross violation of the basic rules of the judicial appointment procedure. The Minister of Justice requested judges to take into account in their work rulings of international and national courts declaring the lack of independence of the new NCJ and challenging the status of neo-judges. According to the Minister of Justice, this is necessary to guarantee the parties’ right to a fair trial before an independent and impartial tribunal. Press release of the Ministry of Justice Prof. Bodnar: KRS utraciła gwarancje niezależności od władzy ustawodawczej |
| 06/02/2024 | The Minister of Justice amended the Rules of Procedure of the common courts. | The amendment stipulates that cases for the exclusion of a judge, due to the circumstances of his or her appointment, will not be assigned for examination to judges who took office as a result of an request for appointment submitted to the President of the Republic of Poland by the new NCJ (so-called neo-judges). Press release of the Ministry of Justice Neosędzia nie może już rozpoznawać wniosku o wyłączenie neosędziego |
| 06/02/2024 | Meeting between the Minister of Justice and judges. | The Minister of Justice organised a meeting with judges who in recent years have consistently defended the rule of law, for which they have faced repression and harassment. The aim of the meeting was to discuss the activities of the Ministry of Justice in restoring the rule of law in Poland. The invitation of the Minister of Justice was accepted by dozens of judges, including Olimpia Barańska-Małuszek, Piotr Gąciarek, Joanna Hetnarowicz-Sikora, Paweł Juszczyszyn, Bartłomiej Starosta and Waldemar Żurek. Press release of the Ministry of Justice |
| 05/02/2024 | The Minister of Justice initiated the procedure for the dismissal of the President of the District Court in Kielce. At the same time, he decided to suspend the judge from his duties. | The communiqué published by the Ministry of Justice gave the reasons for the decision to initiate the dismissal and suspension of the judge. In particular, it was noted that the appointment of Paweł Stępień as President of the District Court in Kielce by the previous Minister of Justice was made on the basis of non-substantive grounds. Press release of the Ministry of Justice Bodnar zaczął odwoływać prezesa sądu z Kielc. A prokurator Kwiatkowska wygrała ze Święczkowskim |
| 02/02/2024 | The Minister of Justice dismissed Kamil Zaradkiewicz from his position as Director of the National School of the Judiciary and Public Prosecution. Judge Ryszard Sadlik has been appointed as Acting Director of the National School of the Judiciary and Public Prosecution. | The dismissal was preceded by a positive opinion from the National Council of the Judiciary. Press release of the Ministry of Justice |
| 02/02/2024 | The Minister of Justice dismissed the President of the Court of Appeal in Kraków, Zygmunt Drożdżejko. | The dismissal was subject to an adequate procedure. On 1 February 2024, the College of the Court of Appeal in Kraków gave a positive opinion on the request of the Minister of Justice. Press release of the Ministry of Justice Bodnar może już odwołać prezesa Sądu Apelacyjnego z Krakowa. Ale TK Przyłębskiej chce ratować Schaba |
| 01/02/2024 | The Constitutional Tribunal, acting with 1 judge, issued an interim measure in the case of Judge Piotr Schab. | On 18 January 2024, the Minister of Justice initiated the procedure to dismiss Judge Piotr Schab from his position as President of the Court of Appeal in Warsaw. The Minister of Justice asked the College of the Court of Appeal in Warsaw for its opinion on the matter. Judge Piotr Schab was suspended from his post as President of the Court of Appeal in Warsaw at the time. The Constitutional Tribunal issued an interim order to suspend the decision of the Minister of Justice of 18 January 2024. Moreover, the Tribunal prohibited to issue a decision to suspend Piotr Schab from acting as President of the Court of Appeal in Warsaw in the future on the same legal grounds. Trybunał Konstytucyjny wydał zakaz Bodnarowi. Chodzi o sędziego Schaba Bodnar może już odwołać prezesa Sądu Apelacyjnego z Krakowa. Ale TK Przyłębskiej chce ratować Schaba |
January
January 2024
| Date | Event | Remarks |
|---|---|---|
| 31/01/2024 | The Minister of Justice issued an order appointing a Selection Panel for candidates for the post of European Prosecutor. | The panel will announce the recruitment, conduct a selection process (including interviews), with the possible participation of NGOs, and select three candidates. The list of these persons will be forwarded to the Selection Panel at EU level. It will in turn deliver a reasoned opinion to the Council of the European Union on the qualifications of the candidates for the post of European Prosecutor. The Selection Panel will be composed of: a retired public prosecutor indicated by the Minister of Justice (as the Chairman of the Panel), a representative of the Minister for European Union Affairs, a representative of the National Public Prosecutor, a representative of the Minister of Internal Affairs and Administration, three persons of unquestionable reputation in legal sciences (indicated by the Chairman of the Panel), the Director or Deputy Director of the European Law Department in the Ministry of Justice (as the Secretary, without voting rights). Press release of the Ministry of Justice |
| 31/01/2024 | The Minister of Justice initiated the procedure for the dismissal of the President and Vice-President of the Court of Appeal in Kraków. At the same time, he decided to suspend them from their duties. | The Minister of Justice asked the College of the Court of Appeal in Kraków to express an opinion on the dismissal of Judge Zygmunt Drożdżejko, President of the Court of Appeal in Kraków, and Judge Katarzyna Wysokińska-Walenciak, Vice-President of the said court, from their posts. A communiqué published by the Ministry of Justice gives the reasons for the decision to initiate the proceedings for the dismissal of the President and Vice-President of the Court of Appeal in Kraków. Press release of the Ministry of Justice Kolejni prezesi sądów do odwołania – procedura wszczęta w SA w Krakowie |
| 30/01/2024 | Statement of 37 judges of the Supreme Court calling for changes in the Supreme Court. The judges are demanding that neo-judges in the Supreme Court abstain from adjudication and that the Chamber of Extraordinary Control and Public Affairs and the Chamber of Professional Liability be suspended immediately. The judges are also asking the First President of the Supreme Court and the Presidents of the Supreme Court’s Civil Chamber, Criminal Chamber and Extraordinary Control and Public Affairs Chamber to step down from their positions. | Apel sędziów SN o ustąpienie ze stanowiska I Prezes i innych nominatów |
| 30/01/2024 | Prime Minister Donald Tusk decided to withdraw the application submitted by the PiS government to the Constitutional Tribunal to examine the compatibility of the Istanbul Convention with the Polish Constitution. | Press release of the Prime Minister’s Office Tusk withdraws former government’s challenge to European convention on domestic violence |
| 30/01/2024 | The Minister of Justice/Prosecutor General appointed the ad hoc Disciplinary Officer to examine the case of Deputy Prosecutor General prosecutor Michał Ostrowski. | Ad hoc Disciplinary Officer – prosecutor Andrzej Janecki will examine the case of disciplinary offences committed by prosecutor Michał Ostrowski between 13 January 2024 and 29 January 2024, consisting, inter alia, of publicly questioning the competence of the Minister of Justice/Prosecutor General to request the Prime Minister to appoint Jacek Bilewicz as Acting National Prosecutor. Another possible misconduct of prosecutor Michał Ostrowski is also to publicly challenge the Prosecutor General’s competence, as the chief of the prosecution service, to issue decisions in the form of orders and instructions. Press release of the Ministry of Justice Deputy Prosecutor General – Michał Ostrowski on 24 January 2024 sent a letter to the presidents of ordinary courts and heads of services that cooperate with the prosecutor’s office in which he stated that the Prosecutor General’s action to delegate the function of acting National Prosecutor to Jacek Bilewicz is unlawful. In the opinion of the Deputy Prosecutor General, the National Prosecutor shall be Dariusz Barski, who was not dismissed in the procedure provided for by the Law on the Public Prosecutor’s Office, which requires the consent of the President. Press release of the National Prosecutor’s Office |
| 30/01/2024 | The Acting National Prosecutor Jacek Bilewicz has ‘taken control’ of the National Prosecutor’s Office website and the X profile account. | Mały sukces szefa prokuratury Bilewicza. Buntownicy tracą kontrolę nad stroną i kontem prokuratury |
| 29/01/2024 | The Minister of Justice met with the European Prosecutor General Laura Codruța Kövesi in Warsaw. | The meeting took place in context of Poland’s planned accession to the EPPO (Poland notified the European Commission of its intention to join the EPPO on 5 January 2024). European Prosecutor General Laura Codruța Kövesi announced that 24 European delegated prosecutors organised in 3 or 4 offices will work for the EPPO in Poland. Press release of the Ministry of Justice Poland moves toward joining European Public Prosecutor’s Office Press conference |
| 29/01/2024 | The Minister of Justice appointed two Disciplinary Officers of the Minister of Justice – Judge Grzegorz Kasicki and Judge Włodzimierz Brazewicz. | The task of the Disciplinary Officers of the Minister of Justice (ad hoc officers) is to take over for examination and conduct cases initiated by the Disciplinary Officer for Common Courts’ Judges (Piotr Schab) and his deputies (Przemysław Radzik and Michał Lasota). Both Judge Grzegorz Kasicki and Judge Włodzimierz Brazewicz were appointed to pursue 3 cases brought by the disciplinary officers. The judges appointed by the Minister as ad hoc officers provide a guarantee of impartial, independent and professional conduct of the indicated cases, taking into account the standards arising from the decisions of international tribunals and Polish courts, including judgments of the CJEU of 15 July 2021, C-791/19 and of 5 June 2023, C-204/21. Press release of the Ministry of Justice Minister sprawiedliwości wyznaczył nowych sędziowskich rzeczników dyscyplinarnych |
| 29/01/2024 | The Prosecutor General and the Acting National Prosecutor recalled 10 district and regional prosecutors from their posts and functions. | The action is another step towards the depoliticisation of the public prosecutor’s office. Press release of the Ministry of Justice Dariusz Barski, who claims he continues to hold the position of the National Prosecutor, and the other Deputies of the Prosecutor General consider the dismissals to be ineffective and illegal. Press release of the National Prosecutor’s Office Prokurator Generalny podjął decyzję o odwołaniu 10 prokuratorów okręgowych i regionalnych |
| 26/01/2024 | The Prosecutor General, in cooperation with the Acting National Prosecutor, appointed 6 prosecutors to serve in the National Prosecutor’s Office. | Prosecutors appointed to the National Prosecutor’s Office were dismissed in 2016 by the then Prosecutor General, Zbigniew Ziobro. Prof. Bodnar powołuje prokuratorów, prokurator Barski mówi o bezskutecznych nominacjach Bodnar odpartyjnia prokuraturę. Rehabilituje zdegradowanych prokuratorów, ogranicza ziobrystów |
| 26/01/2024 | Adam Bodnar attended the Justice and Home Affairs Council (JHA) in Brussels for the first time as Minister of Justice. | At a press conference after the Council meeting, Adam Bodnar said: „We are determined to work for the restoration of the rule of law in Poland. I have a dream that on 1 May 2024, when we celebrate the 20th anniversary of Poland’s accession to the European Union, we will not be subject to Article 7 TEU procedure.” Press release of the Ministry of Justice Press release of the Ministry of Justice Main results of the informal meeting of Justice Ministers |
| 26/01/2024 | Deputy Disciplinary Officer at the Court of Appeal in Katowice Rafał Doro dismissed the disciplinary proceedings against Judge Krystian Markiewicz, President of the Polish Judges’ Association ‘Iustitia’. | Disciplinary proceedings against Judge Krystian Markiewicz were initiated by the Deputy Disciplinary Officer for Common Courts’ Judges – Przemysław Radzik. The President of Iustitia, Krystian Markiewicz, became subject to 55 disciplinary charges in 2019 for sending a letter to the presidents of disciplinary courts and disciplinary judges in May 2019 on behalf of the association’s board. Among other things, he asked them to refrain from adjudicating disciplinary cases and not to send files with appeals from judges to the Disciplinary Chamber of the Supreme Court. The Board of Iustitia argued to wait for the CJEU’s ruling on the legality of the Chamber and the neo-NCJ. Prezes Iustitii Markiewicz oczyszczony z 57 zarzutów. To była pokazowa i największa dyscyplinarka |
| 25/01/2024 | The Minister of Justice asked the National Council of the Judiciary for an opinion on the dismissal of Judge Kamil Zaradkiewicz from his post as Director of the National School of Judiciary and Public Prosecution. | On 19 January 2024, Kamil Zaradkiewicz stepped down as Director of the National School of Judiciary and Public Prosecution. Kamil Zaradkiewicz is a so-called neo-judge in the Civil Chamber of the Supreme Court. Press release of the Ministry of Justice |
| 23/01/2024 | The President of Poland pardoned former MPs Mariusz Kamiński and Maciej Wąsik again. | Mariusz Kamiński and Maciej Wąsik on 20 December 2023 were sentenced to 2 years’ imprisonment for exceeding their powers and failing to fulfil their duties during the first PiS governments (2005-2007). The court, following the ruling of the Supreme Court, rejected the presidential pardon granted to the two PiS politicians (2015). According to the court, the pardons were invalid because they were made against persons who had not been convicted by a final judgment. Maciej Wąsik i Mariusz Kamiński ułaskawieni Polish president says he has pardoned two jailed opposition politicians |
| 23/01/2024 | The Minister of Justice/Prosecutor General declared that he considered the Constitutional Tribunal’s interim order in the National Prosecutor’s case as non-existent (sententia non existens). | On 15 January 2024, the Constitutional Tribunal in the case of Dariusz Barski’s complaint issued an interim order. The Court, until the case is resolved, ordered the Prosecutor General and all public authorities to refrain from any action preventing Dariusz Barski from exercising his function as National Prosecutor. In addition, the Constitutional Tribunal suspended the enforcement of the Prosecutor General’s decision to appoint Jacek Bilewicz to serve as Acting National Prosecutor. TK Przyłębskiej na pomoc Barskiemu. Jest zabezpieczenie i wniosek prezydenta Polish court blocks top prosecutor’s dismissal by new government In the Prosecutor General’s view, the Constitutional Tribunal’s order should be considered non-existent (sententia non existens), as it was issued in flagrant violation of the law. Firstly, the order was addressed to defectively designated entities, including bodies which did not participate at all and were not parties to the proceedings before the Constitutional Tribunal. Secondly, it was issued by a judge who should have been excluded from adjudication. The Prosecutor General’s position was based on 3 legal opinions prepared by eminent scholars: Prof Krzysztof Urbaniak, Dr Tomasz Zalasiński and Prof Jacek Zaleśny. Press release of the Ministry of Justice Legal opinions Justice minister declares constitutional court order to suspend removal of top prosecutor “defective” |
| 19/01/2024 | The Prosecutor General appointed a Panel for Changes in the Prosecution Service in respect of Poland’s accession to the EPPO. | The task of the Panel will be to prepare amendments to the legislation to prepare Poland for participation in the enhanced cooperation mechanism establishing the EPPO. On 5 January 2024, Poland notified the European Commission of its intention to join the European Public Prosecutor’s Office. Press release of the Ministry of Justice Decision |
| 19/01/2024 | In line with earlier declarations, the Minister of Justice, Adam Bodnar, presented draft amendments to the Law on the Public Prosecutor’s Office, separating the functions of the Minister of Justice and the Prosecutor General. | A press release from the Ministry of Justice indicated that the 2016 reform to merge the positions of Minister of Justice and Prosecutor General stripped the independence of the prosecutor’s office from the executive and legislature. The Public Prosecutor’s Office became a tool in the hands of the previous incumbents, used by authorities to achieve political goals. The separation of the functions of Minister of Justice and Prosecutor General is the first step to restore the independence of the prosecution service. According to the draft, the Prosecutor General would be elected by the Sejm (by absolute majority) upon the approval of the Senate. The term of office of the Prosecutor General would be 6 years without the possibility of renewal. Press release of the Ministry of Justice Rozdzielenie urzędów ministra i prokuratora już wkrótce |
| 19/01/2024 | The Minister of Justice – Adam Bodnar had a meeting with the EU Commissioner for Justice – Didier Reynders. | The meeting focused on efforts to restore the rule of law in Poland and to finish the Article 7 TEU procedure. The Commissioner stressed the need to restore the independence of the National Council of the Judiciary which plays a key role in the appointment procedure for judges in Poland. Adam Bodnar pointed out that one of the crucial elements for the restoration of the rule of law in Poland would be the separation of the functions of Minister of Justice and Prosecutor General. Press release of the Ministry of Justice EU Official Praises Efforts by Poland’s New Government To Restore Rule of Law EU “pleased new Polish government determined to restore rule of law”, says visiting commissioner |
| 18/01/2024 | The Minister of Justice has dismissed the President of the Court of Appeal in Poznań, Mateusz Bartoszek, and the Vice-Presidents Sylwia Dembska and Przemysław Radzik from their posts. | The dismissal was preceded by an adequate procedure. On 16 January 2024, the College of the Court of Appeal in Poznań gave a positive opinion on the request of the Minister of Justice. Press release of the Ministry of Justice Sędzia Radzik odwołany przez ministra. KRS protestuje Początek końca kariery „rzeźnika”: Radzik traci stanowisko wiceprezesa sądu w Poznaniu |
| 18/01/2024 | The Minister of Justice initiated the procedure for the dismissal of the President of the Court of Appeal in Warsaw – Judge Piotr Schab. At the same time, he decided to suspend judge from his duties. | The Minister of Justice has asked the College of the Court of Appeal in Warsaw to express an opinion on the dismissal of the President of the court. The Minister of Justice suspended Piotr Schab from acting on 18 January 2024. In a press release published by the Ministry of Justice, the reasons for the decision to initiate the dismissal procedure and to suspend the judge were provided. Piotr Schab allegedly abused his power on several occasions, both in his administrative role in the judiciary as President of the Court of Appeal in Warsaw and as Disciplinary Officer for Common Courts’ judges. The communiqué also stressed that the previous Minister of Justice, Zbigniew Ziobro, had repeatedly appointed individuals to positions of presidents and vice-presidents of ordinary courts without following substantive criteria. Press release of the Ministry of Justice Adam Bodnar usuwa ludzi Ziobry. Człowiek, który był symbolem prześladowania sędziów, zawieszony The College of the Court of Appeal in Warsaw has given a negative opinion on the Minister for Justice’s request to dismiss Piotr Schab from his position as President of the court. Kolegium Sądu Apelacyjnego przeciwko odwołaniu Schaba. Co zrobi Bodnar |
| 17/01/2024 | The Parliament (Sejm) adopted a resolution to set up a Committee of Inquiry to investigate the use of athe spyware Pegasus. | The Committee will be responsible for investigating the legality, regularity and intentionality of operations and investigative activities undertaken using Pegasus by, among others, the government, the secret services and the police between 16 November 2015 and 20 November 2023. Komisja śledcza ds. Pegasusa. Jest decyzja Sejmu Sejm powołał komisję śledczą do spraw inwigilacji Pegasusem |
| 17/01/2024 | Minister of Justice/Prosecutor General Adam Bodnar required three deputies of the Prosecutor General, who are challenging his actions, to take their overdue leave. | The following were ordered to take leave: Michał Ostrowski, Tomasz Janeczka and Robert Hernard. All three are challenging the ‘dismissal’ of the National Prosecutor, Dariusz Barski and obstructing the functioning of the National Prosecutor’s Office. Bodnar wysyła trzech zbuntowanych zastępców Prokuratora Generalnego na zaległe urlopy The prosecutors are challenging the decision of the Prosecutor General. They point out that only the National Prosecutor, Dariusz Barski can decide on their leave. Press release of the National Prosecutor’s Office |
| 16/01/2024 | The College of the Court of Appeal in Poznań issued a positive opinion on the Minister of Justice’s request to dismiss the President and two Vice-Presidents of the court. | The College of the Court of Appeal in Poznań issued a positive opinion on the request of the Minister of Justice to dismiss the President of the court, Mateusz Bartoszek, and his deputies, Przemyslaw Radzik and Sylwia Dembska. Press release of the Ministry of Justice Kierownictwo Sądu Apelacyjnego w Poznaniu zostanie odwołane |
| 15/01/2024 | The Minister of Justice initiated the procedure for the dismissal of the president and two vice-presidents of the Court of Appeal in Poznań. At the same time, he decided to suspend them from their duties. | The Minister of Justice has submitted a request to the College of the Poznań Court of Appeal for an opinion on the dismissal of Judge Mateusz Bartoszek, President of the Court of Appeal in Poznań, and Judges Przemysław Radzik and Sylwia Dembska, Deputy Presidents of the said court, from their posts. He suspended each of these persons from performing their duties as of 15 January. A press release published by the Ministry of Justice provides the reasons for the decision of the Minister of Justice. In particular, it is worth noticing the suspension of Mr Przemysław Radzik who serves as Deputy Disciplinary Officer for Common Courts’ Judges, known for prosecuting independent judges who apply EU law and the Convention on Human Rights. Press release of the Ministry of Justice Minister Bodnar zawiesza kierownictwo Sądu Apelacyjnego w Poznaniu Bodnar zawiesił Radzika i prezesa sądu w Poznaniu od Ziobry. Sędziowie chcą więcej takich decyzji |
| 15/01/2024 | The Prosecutor General appointed his public advisers. Their purpose will be to cooperate with the Prosecutor General on the day-to-day functioning of the prosecution service. | The advisors included: advocate Radosław Baszuk, Professor Zbigniew Ćwiąkalski, prosecutor Iwona Pałka, prosecutor Krzysztof Parchimowicz, and advocate Mikołaj Pietrzak Press release of the Ministry of Justice |
| 15/01/2024 | The Prosecutor General Adam Bodnar started working in the office of the Prosecutor General in the National Prosecutor’s Office’s building. | Adam Bodnar announced that he will soon present a draft bill separating the functions of Minister of Justice and Prosecutor General. The main goal of the new Minister of Justice is to make the prosecutor’s office an independent body serving the interests of citizens. Rozdzielenie funkcji prokuratora generalnego i ministra sprawiedliwości. Adam Bodnar o projekcie See more about the problems in the Polish prosecutor’s office: Prosecutors appointed under Poland’s former government protest actions of new administration Justice minister declares constitutional court order to suspend removal of top prosecutor “defective” |
| 12/01/2024 | Prime Minister Donald Tusk appointed Jacek Bilewicz as Acting National Prosecutor. Jacek Bilewicz will perform the duties of the National Prosecutor until a new National Prosecutor is appointed. | Jacek Bilewicz is a prosecutor with 25 years of experience. He has worked at the highest levels of the prosecution service. Over the years, he has been involved with the „Lex Super Omnia” Prosecutors’ Association, in which he has also recently served as a member of the Board. Press release of the Ministry of Justice Statement of the „Lex Super Omnia” Prosecutors’ Association The decision was criticised by the Deputy Prosecutors General (as was the ‘dismissal’ of Dariusz Barski as National Prosecutor). Statement of the Deputy Prosecutors-General |
| 12/01/2024 | Prosecutor General – Adam Bodnar stated that the return of the National Prosecutor – Dariusz Barski to active service was carried out without any legal basis and had no legal effect. Therefore, as of 12th January 2024, Dariusz Barski shall remain in retirement and cannot serve as the National Prosecutor, head of the National Public Prosecutor’s Office. | According to a press release of the Ministry of Justice, the return of Dariusz Barski to active service by the previous Prosecutor General Zbigniew Ziobro was done without a relevant legal basis. Thus, on 12th January 2024, Prosecutor General Adam Bodar stated that Dariusz Barski had not been effectively returned to active service and remains retired. Consequently, Dariusz Barski is not eligible to serve as the National Prosecutor. Press release of the Ministry of Justice The Prosecutor General supported his decision with three legal opinions prepared by distinguished experts and academics: Prof. Sławomir Patyra, Prof. Anna Rakowska, and Prof. Grzegorz Kuca. Legal opinions on the change in the position of National Prosecutor The decision of the Prosecutor General has been heavily criticised by the Deputy Prosecutors General. The Deputy Prosecutors General, who are in key positions in the National Public Prosecutor’s Office, believe that actions of the Prosecutor General are unlawful and consider that the position of the National Prosecutor is still held by Dariusz Barski. Deputy Prosecutor General – Michał Ostrowski announced that a criminal complaint had been filed against Adam Bodnar, the Prosecutor General, regarding the illegal dismissal of the National Prosecutor – Dariusz Barski. Press release of the National Public Prosecutor’s Office Statement by the Deputy Public Prosecutor General – Michał Ostrowski See more on the Polish prosecutor’s office. Why cannot the new Prosecutor General effectively lead the prosecutor’s office with Dariusz Barski as National Prosecutor?: Why Poland Should Join the European Public Prosecutor Degrees of (In)Dependence President sharply criticises removal of national prosecutor from post Bodnar przejmuje prokuraturę. Odsunął prokuratora krajowego Dariusza Barskiego Jacek Bilewicz pełniącym obowiązki prokuratora krajowego, Dariusz Barski odwołany |
| 12/01/2024 | Minister of Justice, Prosecutor General Adam Bodnar presented a draft amendment to the Act on the National Council of the Judiciary. | This is the first draft bill prepared by the new Minister of Justice. According to the proposal, the 15 members-judges of the Council will be elected by judges in elections organised by the National Electoral Commission (PKW). The NCJ members-judges will no longer be elected by the Sejm, which has been criticised by international and national courts. The draft stipulates that the mandates of the current members-judges of the NCJ will expire on the day the results of the election of the new Council members are announced. In addition, neo-judges will not have the right to propose candidates for the NCJ members. Press release of the Ministry of Justice Draft Act amending the Act on the National Council of the Judiciary Bodnar chce szybko naprawić KRS, który zatruwa sądy neo-sędziami. Jego projekt ma odblokować KPO Nowa ustawa o Krajowej Radzie Sądownictwa już gotowa |
| 12/01/2024 | The Minister of Justice recalled 16 judges from secondments to state institutions and 3 judges from secondments to higher courts. | The secondments were allocated by the previous Minister of Justice Zbigniew Ziobro. Minister of Justice Adam Bodnar recalled the secondments of: • 10 judges at the Ministry of Justice, • 3 judges at the office of the National Council of the Judiciary, • 1 judge at Institute of Justice, • 2 judges at the National School of Judiciary and Public Prosecution. Additionally, the Minister of Justice dismissed 3 district court judges seconded to adjudicate in courts of appeal. In the case of all 3 judges, the Supreme Court found that they did not meet the requirements of independence. These are the first staff changes made by the new Minister of Justice. Press release of the Ministry of Justice Pierwsze dymisje w resorcie Bodnara. Odwołano Piebiaka, członków grupy Kasta, neo-sędziów 16 sędziów odwołanych z delegacji do MS, KRS i KSSiP |
| 12/01/2024 | Statement of the judges of the Civil Chamber of the Supreme Court calling for changes in the Supreme Court. The judges are demanding that neo-judges in the Supreme Court abstain from adjudication and that the Chamber of Extraordinary Control and Public Affairs and the Chamber of Professional Liability be suspended immediately. Furthermore, the judges point out that most of the judges currently sitting in the Civil Chamber of the Supreme Court were appointed in a procedure that violates the Constitution and EU law. Also the current President of the Civil Chamber, Joanna Misztal-Konecka, was appointed to her position in violation of the law. | The statement was signed by 10 judges of the Supreme Court’s Civil Chamber (Marta Romańska, Dariusz Zawistowski, Agnieszka Piotrowska, Monika Koba, Roman Trzaskowski, Karol Weitz, Paweł Grzegorczyk, Władysław Pawlak, Dariusz Dończyk i Grzegorz Misiurek). Legalni sędziowie Sądu Najwyższego: neo-sędziowie są wadliwi. Zawiesić nielegalną Izbę Kontroli |
| 11/01/2024 | The Supreme Court’s Chamber of Extraordinary Control and Public Affairs declared the validity of the parliamentary elections held on 15 October 2023. | According to Article 101(1) of the Polish Constitution, the validity of elections to the Sejm and Senate is declared by the Supreme Court. The statutory law assigns this competence to the Chamber of Extraordinary Control and Public Affairs. The Chamber is not recognised by international courts: European Court of Human Rights (e.g. Dolińska-Ficek and Ozimek v. Poland), Court of Justice of the European Union (e.g. C-718/21) and Polish courts (e.g. II PUO 2/24). Sąd Najwyższy stwierdził ważność wyborów do Sejmu Rzeczypospolitej Polskiej i do Senatu Rzeczypospolitej Polskiej przeprowadzonych w dniu 15 października 2023 r. |
| 10/01/2024 | The Labour Law and Social Security Chamber of the Supreme Court held that the Chamber of Extraordinary Control and Public Affairs is not a court under the Polish Constitution and that its decisions do not have legal effect (do not exist) [II PUO 2/24]. | The Labour Law and Social Security Chamber was examining the case of the expiry of the parliamentary mandate of Mariusz Kamiński. As the politician had been validly convicted, the Speaker of the Sejm confirmed the expiry of his mandate as an MP ipso iure. Mariusz Kamiński appealed this decision to the Supreme Court. On 5 January 2024, the Chamber of Extraordinary Control and Public Affairs examined Mariusz Kamiński’s appeal against the decision of the Speaker. The Chamber overturned the decision and ruled that Mariusz Kamiński continues to serve as an MP. Following the ruling of the Chamber of Extraordinary Control and Public Affairs, the Chamber of Labour Law and Social Security first had to resolve the fundamental issue, i.e. the significance of decisions of the Chamber of Extraordinary Control and Public Affairs. Indeed, as a general rule, the same case cannot be decided twice (ne bis in idem). The Labour Law and Social Security Chamber held that the ruling of the Chamber of Extraordinary Control and Public Affairs did not exist, as it was not issued by an independent tribunal established by law. SN: Mariusz Kamiński nie jest już posłem. Stracił mandat z chwilą skazania przez sąd okręgowy Supreme Court chamber confirms expiry of convicted MP’s mandate, contradicting other chamber |
| 08/01/2024 | Sąd Rejonowy dla Warszawy-Śródmieścia (Regional Court in Warsaw) issued warrant for Mariusz Kamiński and Maciej Wąsik arrest. | The court’s decision enforced the ruling of the Warsaw District Court of 20 December 2023. The latter sentenced Mariusz Kaminski and Maciej Wąsik to two years’ imprisonment for abuse of power during the first PiS government (2005-2007). Pilne. Kamiński i Wąsik do więzienia. Jest nakaz doprowadzenia do celi przez policję Warrants issued for convicted former PiS ministers to begin serving prison sentences |
| 05/01/2024 | Poland has formally notified the European Commission and the Council of the European Union of its intention to join the European Public Prosecutor’s Office. | The Minister of Justice sent the notification to the European Commission and the Council of the European Union. The request of the Minister of Justice to initiate the procedure for Poland’s accession to the EPPO was approved by the Council of Ministers on 27 December 2023. Positive opinions on Poland’s accession to the EPPO were also expressed by the European Union Affairs Committees of the Sejm and the Senate. The European Commission has four months to accept the notification or raise any objections. Press Conference of the Minister of Justice and the Minister for European Union Affairs Press release of the Ministry of Justice |
| 04/01/2024 | The Prosecutor General decided to terminate secondment of 144 prosecutors to the highest levels of the prosecutor’s office (the National Prosecutor’s Office and regional prosecutor’s offices). | Prosecutors of lower levels were seconded to the National Public Prosecutor’s Office and regional prosecutor’s offices based on decisions of previous Ministers of Justice. According to the Ministry of Justice, the decision to dismiss the seconded prosecutors constitutes the beginning of the process of implementing new standards for the functioning of the prosecution service. The decision of the Prosecutor General was negatively reviewed by the National Prosecutor, who must formally enforce it. Press release of the Ministry of Justice Press release of the National Prosecutor’s Office Bodnar żąda odwołania 144 prokuratorów. Kolejnych nominatów Ziobry ma odwołać za kilka dni |
2023
December
| Date | Event | Remarks |
|---|---|---|
| 29/12/2023 | First meeting of the National Council of Public Prosecutors attended by the new Prosecutor General. | The role of the National Council of Public Prosecutors is to safeguard the independence of public prosecutors and to provide advice to the Prosecutor General. The Council has 22 members, consisting of the National Public Prosecutor, 4 prosecutors from the National Public Prosecutor’s Office, one prosecutor from the IPN’s Chief Commission for the Prosecution of Crimes against the Polish Nation, and 11 representatives of regional prosecutor’s offices. The Prosecutor General, as President of the Council, may appoint 5 of his representatives to it. Thus, Adam Bodnar dismissed 5 members from the Council and in their place appointed prosecutors from the ‘Lex Super Omnia’ Prosecutors’ Association, which actively defended the independence of the prosecution service during the PiS government. This was the first time that a broadcast of the meeting was available to the public – on the X portal on the profile of the National Prosecutor’s Office. The Council’s meeting was not attended by more than half of its current members. Consequently, there was not the required quorum to pass any resolutions. During the meeting, the Prosecutor General addressed the following issues: cooperation with the EPPO, the prosecutor’s office budget for 2024, and the state of the Polish prosecution service. Broadcast Stajnia Augiasza, czyli stan polskiej prokuratury Bodnar zaczyna porządki w prokuraturze. Chce odbudować Radę Prokuratorów |
| 27/12/2023 | The Deputy Minister of Justice – Maria Ejchart announced that the work of the National Council of the Judiciary will be frozen, until a new law regulating the composition of the Council is adopted. | The Deputy Minister said that the Minister of Justice would not be announcing new competitions for magistrates’ positions. The neo-NCJ cannot be involved in the judicial appointment procedure. Wiceministra sprawiedliwości: KRS zostanie zamrożona do czasu przyjęcia nowej ustawy |
| 21/12/2023 | Judge Anna Kalbarczyk as the first (neo)judge in Poland expressed her willingness to be verified or run again in a competition for a magistrate position before the legal National Council for the Judiciary. | Judge Anna Kalbarczyk sent a letter to the Minister of Justice in which she stressed her willingness to be verified or to run again in the competition for a magistrate position before the legal NCJ. Judge Anna Kalbarczyk accepted her appointment to the Court of Appeal in Warsaw from the neo-NCJ in November 2019. She previously worked at the Warsaw-Praga District Court. In a letter sent to the Minister of Justice, Judge Anna Kalbarczyk pointed out that the procedure for her appointment to the Court of Appeal in Warsaw was defective. Judge Anna Kalbarczyk also requested the Minister of Justice to second her to the Warsaw-Praga District Court, where she had worked before being appointed to the Court of Appeal in Warsaw. Pierwsza neo-sędzia w Polsce chce cofnięcia nominacji od neo KRS. „Przyjęcie awansu było błędem” “Neosędzia” chce cofnięcia nominacji, jeszcze nie ma decyzji ministra |
| 21/12/2023 | The CJEU delivered a ruling in the National Council of the Judiciary case (C-718/21). The Court declared, for the first time, that preliminary questions submitted by neo-judges appointed with the involvement of the neo-NCJ are inadmissible. | The CJEU, in its judgment, stated that the referring panel of the Extraordinary Control and Public Affairs Chamber of the Supreme Court is not an independent and impartial tribunal previously established by law. It therefore does not comply with the requirements of a ‘court or tribunal’ under EU law and the preliminary questions referred by this body are inadmissible. The CJEU based its reasoning on the Getin Noble Bank judgment (C-132/20). Firstly, it recalled that the Supreme Court as such fulfils the requirements of a ‘court or tribunal’ under Article 267 TFEU. Thus, there is a presumption of admissibility of requests submitted by the Supreme Court. However, this presumption may be rebutted by a final decision of an international or national court questioning the independence of judges sitting on the bench of the referring panel. According to the CJEU, the presumption was rebutted as a result of the ECtHR judgment in Dolińska-Ficek and Ozimek v. Poland and the judgment of the Supreme Administrative Court, which implemented the CJEU ruling in AB case (C-824/18). |
| 20/12/2023 | The Parliament adopted a resolution on remedying the consequences of the constitutional crisis in the context of the constitutional position and functions of the National Council of the Judiciary in a democratic state respecting the rule of law. | The resolution states that the current way of electing members of the NCJ is unconstitutional. Thus, the Council in its current structure is unable to fulfil its constitutional functions and tasks (mainly to protect judicial independence). The Parliament calls on the Council’s members, elected unconstitutionally, to cease their activities immediately. |
| 20/12/2023 | The District Court in Warsaw sentenced the former head of the Central Anticorruption Bureau (CBA) and his deputy to two years’ imprisonment. Mariusz Kamiński and Michał Wąsik were found guilty of abuse their powers and failing to fulfil their duties when PiS was first in power (2005-2007). | The court, following a ruling by the Supreme Court, rejected the presidential pardons granted to two PiS politicians. According to the court, the pardons were ineffective because they were issued while the accused were still appealing against their initial convictions, meaning they had not actually received a binding conviction that they could be pardoned off. Former PiS ministers given jail sentences in abuse of power case. |
| 20/12/2023 | Meeting between the Minister of Justice – Adam Bodnar and the Vice-President of the European Commission – Vera Jourova. | The meeting focused on the rule of law and judicial independence. Vera Jurova stressed her will to close the Article 7 TEU procedure. The Vice-President of the European Commission hopes that this should be achieved during the current term of the European Commission. EU’s Jourova welcomes Polish government plans to fix rule of law issues. |
| 20/12/2023 | Statement of the judges of the Criminal Chamber of the Supreme Court calling for changes in the Supreme Court. The judges are demanding that neo-judges in the Supreme Court abstain from adjudication and that the Chamber of Extraordinary Control and Public Affairs and the Chamber of Professional Liability be suspended immediately. | The statement was signed by 19 judges of the Supreme Court. Legalni sędziowie SN: zawiesić dwie powołane przez PiS Izby, neo-sędziowie nie powinni orzekać |
| 19/12/2023 | The Minister of Culture has dismissed the authorities of the public media: television, radio and the news agency. | Polish public media chiefs dismissed, news channel stops broadcasting. Former ruling party holds sit-in at state TV as new government takes control of public media. |
| 19/12/2023 | The Parliament adopted a resolution on the restoration of legal order and the impartiality and integrity of the public media and the Polish Press Agency. | The resolution states that the public media in Poland was taken over in 2016 and became completely dependent on the incumbents. Since then, the public Agency. media have been used for the propaganda of one political party and to criticise and disseminate hate speech against the opposition and critics of the government. The resolution points out that Poland is bound by the Treaty on European Union, the Charter of Fundamental Rights and the European Convention on Human Rights to guarantee access to reliable and credible information. The Parliament calls on all institutions and bodies of the Polish state to take immediate action to restore constitutional order in respect of citizens’ access to reliable and credible information. |
| 18/12/2023 | Decisions of the Minister of Justice to cancel appointments as presidents of common courts. | The decisions concern 6 presidents of common courts appointed by the previous Minister of Justice. The judges were appointed as presidents prematurely (the term of office of their predecessors is still ongoing) an without involvement of the judicial self- government bodies in the appointment procedure. Press release of the Minister of Justice. |
| 18/12/2023 | The new government published a ruling of the Constitutional Tribunal delivered with a judge double. The ruling was preceded by a comment that, according to the case law of the European Court of Human Rights, a judgment of the Polish Constitutional Tribunal delivered with a judge-double violates the essence of the right to a tribunal established by law (Article 6 of the European Convention on Human Rights). | Judgment with remarks. |
| 15/12/2023 | Minister of Justice prepared draft amendments regarding neo-judges. | The draft stipulates that, in cases where there is an application for a judge to be excluded from a case due to him or her being appointed by the neo-NCJ, other judges appointed in the same manner (neo-judges) would not be allowed to adjudicate on such applications. Moreover, the draft emphasises the obligation of domestic judges to take EU law and the European Convention of Human Rights into account when drafting judgments and reasoning. Heads of Supreme Court and Constitutional Tribunal criticise new Polish government’s reforms. |
| 13/12/2023 | New Minister of Justice has launched the process for Poland to join the European Public Prosecutor’s Office. | New Polish justice minister starts process of joining EU prosecutor’s office. Why Poland Should Join the European Public Prosecutor. |
| 13/12/2023 | The Supreme Court issued an order stating that decisions of the Constitutional Tribunal handed down with double judges have no legal effects (I KZP 5/23). | The order was issued by the Criminal Chamber of the Supreme Court, composed of seven judges. The decision was based on the ECtHR ruling in Xero Flor v. Poland. According to the Supreme Court, a body composed of double judges is not the Constitutional Tribunal as described in the Polish Constitution. Thus, decisions of this body do not have any legal effects. Constitutional court rulings involving illegitimate PiS-appointed judges not valid, finds Supreme Court Ważne orzeczenie 7 sędziów SN: TK z dublerami nie jest Trybunałem, jego wyroki nie obowiązują |
| 13/12/2023 | Establishment of the Inter-Ministerial Panel for the Restoration of the Rule of Law and Constitutional Order. | The Panel was appointed by the Prime Minister (Order No. 652). The Panel consists of: Minister of Justice (Chair); Minister for EU Affairs; Minister for Foreign Affairs; Minister of Development Funds and Regional Policy. |