Katarzyna Lubnauer's immunity. Decision of the parliamentary committee


The Parliamentary Rules Committee did not agree to waive the immunity of Deputy Minister of Education Katarzyna Lubnauer. This was requested by the former deputy head of the Ministry of Justice during the last PiS government, Łukasz Piebiak, who was associated with the hate scandal. In his opinion, the KO MP insulted him in her media statements and damaged his good name.

Łukasz Piebiak explained at Thursday's meeting of the Rules and Regulations Committee that on February 17, 2021, he submitted a private indictment to the court against the KO MP. He argued that Deputy Minister of Education Katarzyna Lubnauer had insulted him in media statements. – This is about a statement from February 2, 2021 for TVN24, where the MP called me one of the co-authors of the “w” slogan against the former First President of the Supreme Court, Judge Małgorzata Gersdorf, and also a terrible creature, a disgusting person and the hero of a hate scandal (…) This is insulting and defamatory to every person, especially a public official who I have been for twenty-odd years, i.e. a judge – said Piebiak.

Hate scandal in the Ministry of Justice erupted in the summer of 2019. A group of judges associated with the Ministry of Justice under Zbigniew Ziobro was to create a group whose task was to discredit judges opposed to changes in the judiciary introduced by PiS. Despite numerous pieces of evidence, testimonies and media reports, the prosecutor's office under Zbigniew Ziobro's rule did nothing to explain it for years. Now the proceedings have started again.


Piebiak also said at the commission that criticism, which he is ready for, is one thing and insulting is another. He assessed that his good name had been damaged.

Without the commission's consent to waive immunity

Lubnauer's defender at the committee was MP Konrad Frysztak (KO), who said that Piebak's lawsuit “directly meets all the hallmarks of lawsuits known as 'slapp'”, i.e. – as he said – aimed at suppressing public debate and intimidating people actively participating in it .

– The MP's statement was made at a time when Mr. Piebiak, until recently a deputy minister, was supposed to be PiS's candidate for the National Council of the Judiciary (…). (Hi) members of the National Council of the Judiciary are elected by MPs, so MP Lubnauer, who had and has the right to elect candidates to the National Council of the Judiciary, had the indisputable right to express opinions and recall facts from the public and media debate regarding potential candidates – said Frysztak.

He emphasized that Lubnauer's statement in no way touched on Piebiak's period of judicial activity, but only on the time when he was deputy head of the Ministry of Justice and a politician.

Lubnauer added that during the PiS government, the opposition could not count “on the reliable work of law enforcement agencies” and had no tools other than participation in the public debate. The KO MP stated that all her actions were in the public interest.

In the further discussion, Piebiak said that he was not PiS's candidate for the National Council of the Judiciary, and Lubnauer, citing media reports, replied that PiS withdrew support for Piebiak at some stage.

After a secret vote, the head of the committee, Jarosław Urbaniak (KO), announced that the committee would propose to the Sejm to reject the motion to lift Lubnauer's immunity.

The committee also dealt with the application regarding the head of the Supreme Audit Office

However, the committee will propose to the chamber to adopt a motion to waive the immunity of the head of the Supreme Audit Office, Marian Banaś, so that he can pay a speeding ticket. The application was submitted by the Chief Road Transport Inspector in May 2022. Banaś exceeded the speed limit in built-up areas in Warsaw by 15 km/h. The commission explained that the regulations do not allow imposing a fine on the president of the Supreme Audit Office, even if the perpetrator wants to pay the fine immediately, consent to waive immunity is necessary.

During the commission, Banaś emphasized that “the case is indisputable” and he wanted to pay the fine for the traffic offense from the very beginning.

Main photo source: PAP/Paweł Supernak

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