Intense friction has erupted within Law and Justice (PiS) circles following President Karol Nawrocki’s appointment of Zbigniew Kapiński as the new First President of the Supreme Court, sparking sharp public rebukes from party leadership.
Kaczyński and Cenckiewicz Denounce the Appointment
Jarosław Kaczyński stated on the X platform that he cannot imagine a judge who participated in Lech Wałęsa’s 2000 lustration trial assuming the role of First President of the Supreme Court. He referenced the IPN’s published work on the former president’s alleged agent history, which he believes has already resolved the matter.
Sławomir Cenckiewicz addressed Nawrocki directly, stating, “Karol, you made a terrible mistake.” The historian argued that the 2000 court ruling involving Kapiński was a violation of law and judicial integrity, accusing the court of concealing evidence that would have identified Wałęsa as an agent. He further dismissed the presidential spokesperson’s justification as a “pyramidal lie.”
Internal Divisions and Party Responses
Journalist Jacek Gądek noted that the appointment caused shock within PiS due to the president’s disregard for Kaczyński’s position. While party spokesperson Rafał Bochenek noted that the appointment is a presidential prerogative, he acknowledged that Kaczyński expressed a critical stance based on the judge’s life experience and career history.
The Controversy Over the 2000 Ruling
On Monday, May 25, presidential spokesperson Rafał Leśkiewicz announced Kapiński’s appointment, citing his record of defending the rule of law. The controversy stems from Kapiński’s 2000 participation in the Warsaw Court of Appeal ruling, which cleared Lech Wałęsa of being a PRL secret service agent.
Leśkiewicz and current Supreme Court First President Małgorzata Manowska have defended Kapiński, arguing that not all communist-era documents were available in 2000 and that judging historical court decisions based on later discoveries is unjust.
International Legal Context
The case holds broader significance following a 2023 European Court of Human Rights ruling in favor of Lech Wałęsa, which awarded him 30,000 euros in damages. The court identified irregularities in the Polish judicial system and the 2017 appointment procedure for judges involving the National Council of the Judiciary, leading to a pilot judgment procedure for similar cases regarding new Supreme Court judges.
