Poland’s prosecutor’s office is demanding the removal of immunity for Małgorzata Manowska, the first president of the Supreme Court, and aims to exclude Judge Marek Motuk from the proceedings, citing concerns over his impartiality.
Was the judge excluded from the case concerning Małgorzata Manowska’s immunity?
The prosecutor’s office wants the National Court Bureau to exclude Judge Marek Motuk from the task of reviewing the case that seeks to lift the immunity of Małgorzata Manowska, the first president of the Supreme Court. According to PK spokesperson Przemysław Nowak, the court’s composition, including the judge in question, “does not constitute an independent, impartial, and unbiased tribunal and raises legitimate doubts about his impartiality in this matter.” The application has already been forwarded to the Professional Responsibility Chamber. The judge who will decide the case will be appointed by the chamber’s president, Wiesława Kozielewicz.
Who is Marek Motuk?
Marek Motuk is described by TVN24 as a “neo-judge” of the Criminal Chamber of the Supreme Court, appointed by the former President Andrzej Duda at the request of the neo-Court of the Supreme Court. He was then selected to sit in the Chamber of Professional Responsibility. Reporters noted that in February of the same year the judge rejected the removal of immunity for Judge Jakub Iwaniec, who was involved in a “hatred affair.” According to Onet, Iwaniec wrote about “harsh questioning” of the head of the Iustitia association, Krystian Markiewicz, who opposed the actions of the then‑Justice Ministry. The prosecutor at the time sought his exclusion from the case, but the application was denied by another neo-judge.
Could Małgorzata Manowska lose her immunity?
In mid‑July, the then‑Justice Minister Adam Bodnar said that “the prosecutor’s office has collected evidence indicating a sufficient suspicion of three crimes committed by Małgorzata Manowska.” These include: exceeding authority by recognizing the validity of votes in the Supreme Court Collegium under a non‑quorum situation; failing to hold a full plenary session of the State Tribunal within the statutory period; and failing to comply with a binding decision of the District Court in Olsztyn regarding the suspension of Judge Paweł Juszczyszyn. It is important to note that Małgorzata Manowska holds immunity both as the first president of the Supreme Court and as the chair of the State Tribunal. The procedure to remove her immunity is therefore underway in two institutions. In the first, PK seeks the removal of Marek Motuk, and in the second the proceedings will take place on September 3.
Source: Gazeta,
