Polish State Tribunal Upholds Małgorzata Manowska’s Immunity

The Polish State Tribunal has dismissed a request to lift the immunity of Małgorzata Manowska, the First President of the Supreme Court, in a decision that may now see the case referred to prosecutors.

Immunity Decision

The Polish State Tribunal has morphed the proceedings regarding Małgorzata Manowska’s immunity, with the tribunal’s spokesperson announcing that the court had dismissed a request from the National Prosecutor’s Office to allow Ms. Manowska to be held criminally liable.

Background of the Case

The case against Małgorzata Manowska involves allegations of three crimes: exceeding her authority by recognizing the validity of Supreme Court Collegium votes despite a lack of quorum, failing to convene a full State Tribunal session within the statutory time limit, and failing to execute a final Olsztyn District Court ruling concerning the suspension of Judge Paweł Juszczyszyn.

Procedural Developments

The tribunal’s decision not to lift Ms. Manowska’s immunity means that she cannot be prosecuted for the alleged crimes. However, Judge Przemysław Rosati indicated that if immunity was not lifted or if proceedings were discontinued, the case would be referred to prosecutors.

Next Steps

The National Prosecutor’s Office had sought to have certain tribunal members, including Piotr Andrzejewski and Piotr Sak, excluded from the case due to concerns over their impartiality. However, with the tribunal unable to reach a decision due to a lack of the required quorum, it ultimately chose to dismiss the case.

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