Court rules on Manowska’s immunity: Prosecutors won’t be pleased

Judge Marek Motuk dismissed a prosecutor’s request to exclude him from the immunity case of Małgorzata Manowska.

Neo-judge rejects prosecutor’s motion

According to reports from Gazeta Wyborcza, Judge Paweł Wojciechowski, known as a “neo-judge,” ruled that the National Prosecutor’s Office’s request to exclude Marek Motuk—a fellow “neo-judge”—from the immunity case of Małgorzata Manowska in the Supreme Court was “inadmissible by law.” He cited gaps in the prosecutor’s allegations and justification, which failed to demonstrate bias or lack of impartiality, leaving the motion unresolved. Prosecutor Przemysław Nowak countered on TVN24, stating that the panel including Motuk “does not constitute an independent, impartial, and unbiased court, raising justified doubts about its impartiality in this case.”

PiS opens door to rejecting prosecutors’ rulings

Paweł Wojciechowski also invoked Article 29, Paragraph 4 of the Supreme Court Act, which states that “circumstances surrounding a Supreme Court judge’s appointment cannot be the sole basis for challenging a ruling issued with their participation or questioning their independence and impartiality.” Notably, this provision was added during the PiS government’s tenure, specifically through an amendment on June 9, 2022 (Dz.U. 2022 poz. 1259). Additionally, the judge highlighted “inconsistency and ambiguity in case law,” citing rulings from the Constitutional Tribunal, which the European Court of Human Rights and the Court of Justice of the European Union have deemed politicized by PiS.

Who is Marek Motuk?

Marek Motuk previously served as a judge in the Warsaw Court of Appeal. Zbigniew Ziobro appointed him to the disciplinary court, while Andrzej Duda nominated him to the Supreme Court upon the recommendation of the National Judicial Council. Two years later, he began adjudicating in the Supreme Court’s Disciplinary Chamber. Media attention focused on his decision in February to reject the removal of Jakub Iwańciów’s immunity, who was allegedly involved in the “hate campaign affair.” According to Onet reports, Iwańciów allegedly wrote about “sharp insults” to Krystian Markiewicz, head of the Iustitia association, who opposed the then-Ministry of Justice led by Ziobro. The prosecution also sought his exclusion at the time, but another “neo-judge” dismissed the request.

Further reading

More information on this topic can be found in the article: “Małgorzata Manowska’s Immunity: The State Tribunal’s Decision.”

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