The National Prosecutor's Office has initiated an investigation into the abuse of power by the disciplinary spokesman for judges of common courts, Piotr Schab, and his two deputies, Przemysław Radzik and Michał Lasota. It concerns the groundless initiation and conduct of disciplinary proceedings against several dozen judges.
On Thursday, a prosecutor from the Internal Affairs Department of the National Prosecutor's Office, as announced in a press release by the spokesman for the National Prosecutor's Office, Przemysła Nowak, initiated an investigation “into the case of exceeding the powers of the Disciplinary Commissioner for Judges of Common Courts and his two deputies in the period from June 2018 to May 2024, i.e. the act under Art. 231 § 2 of the Penal Code in connection with Art. 12 § 1 of the Penal Code.”
The disciplinary spokesman for judges of common courts, Piotr Schab, and his deputies, Przemysław Radzik and Michał Lasota, were appointed in June 2018 by the then Minister of Justice – Prosecutor General Zbigniew Ziobro. Their names were not given in the statement.
As Nowak pointed out, “the abuse of power consisted in groundlessly initiating and conducting disciplinary proceedings against several dozen judges of common courts who, in the course of administering justice: assessed the legality of the activities of the National Council of the Judiciary established in accordance with the procedure specified in the provisions of the Act of 8 December 2017; questioned the legality of the establishment of the Disciplinary Chamber at the Supreme Court; did not consent to joint adjudication with the so-called 'neo-judges' and formulated preliminary questions to the Court of Justice of the European Union”.
The announcement added that “these actions were allegedly taken to the detriment of the public and private interests of judges of common courts.”
Michał Lasota, Piotr Schab and Przemysław Radzik PAP/Rafal Guz
The spokesman for the National Prosecutor's Office said that “an investigation was also initiated into participation in an organized criminal group aimed at committing crimes, including crimes consisting in groundless initiation and conduct of disciplinary proceedings against judges of common courts, i.e. for an act under Art. 258 § 1 of the Penal Code.”
As we read, the notification in this matter was submitted by the Open Dialogue Foundation.
The judicial community has repeatedly raised the alarm that Schab, together with his deputies, used repression against judges defending the rule of law and opposing changes introduced in the justice system by Law and Justice.
List of over 30 prosecuted judges
As OKO.press writes, in its notification to the PK against Schab, Radzik and Lasota, the Open Dialogue Foundation included a list of over 30 independent judges prosecuted during the PiS government.
The portal notes that according to estimates, in the years 2018-2023 there were 150-200 disciplinary cases related to the defense of the rule of law, if not more, so the Foundation only identified some of the injured parties.
The list included: Waldemar Żurek from the District Court in Kraków, Igor Tuleya from the District Court in Warsaw, Paul Juszczyszyn from the District Court in Olsztyn, Piotr Gąciarek from the District Court in Warsaw, the president of Iustitia, professor Krystian Markiewicz, Olimpia Barańska-Małuszek from Gorzów Wielkopolski, Dariusz Mazur from the District Court in Kraków (currently Deputy Minister of Justice) and Monika Frąckowiak from the District Court in Poznań-Nowe Miasto and Wilda.
Appointed “ad hoc” spokesmen
OKO.press writes that after the change of government, independent judges are no longer being prosecuted en masse. Their approximately 70 disciplinary cases were taken over from Schab, Lasota and Radzik by the disciplinary spokesmen of the Minister of Justice, the so-called ad hoc spokesmen.
At the end of January 2024, the Ministry of Justice informed that the minister Adam Bodnar appointed disciplinary spokesmen to the positions of judges – so-called “ad hoc” spokesmen. The appointment – as added – was made on the basis of the institution of spokespersons of the Minister of Justice introduced in the Law on the System of Common Courts.
According to the cited regulation from the Law on the Organization of Common Courts, “The Minister of Justice may appoint the Disciplinary Spokesman of the Minister of Justice to conduct a specific case concerning a judge”. “The appointment of the Disciplinary Spokesman of the Minister of Justice excludes another spokesman from taking action in the case” – states the Law on the Organization of Common Courts.
Four motions to lift judges' immunities
The National Prosecutor's Office informed at the beginning of July that it had referred the case to the Supreme Court motions to lift the immunity of Schab, Lasota, Radzik and Jakub Iwaniecwho is the deputy disciplinary spokesman at the District Court in Warsaw.
As the PK spokesman reported at the time, “the basis is the findings of the investigation into the abuse of power in connection with the refusal to issue and concealment of disciplinary proceedings files.”
Earlier, the police and prosecutor entered the offices of Radzik, Lasota and Iwaniec and – as stated in the press release – “all illegally held procedural files of disciplinary cases were secured”.
As Anna Adamiak, spokeswoman for the Prosecutor General, said at the time, this concerns files of disciplinary proceedings that the spokespersons should have handed over several months ago to the disciplinary spokespersons of the Minister of Justice, the so-called ad hoc spokespersons.
Main image source: PAP/Rafal Guz