On 20 May, President Duda filed a cassation complaint to block Judge Paweł Grzegorczyk’s appointment; the Warsaw Administrative Court rejected Duda’s move, citing violations of judicial independence.
Judge vs President. Hearing scheduled for 2027
President Andrzej Duda filed a cassation complaint on 20 May, almost three months before the end of his term, to challenge a judicial appointment. Later that month, the court documents were forwarded to the Supreme Administrative Court.
What the case concerns
In September 2022, Duda designated Judge Paweł Grzegorczyk, along with ten others, to the Professional Responsibility Chamber of the Supreme Court, where Grzegorczyk had served only in the Civil Chamber. The judge objected, filing a complaint with the Warsaw Provincial Administrative Court, alleging interference with judicial independence.
WSA Upholds Judge’s Argument
The Warsaw Administrative Court ultimately nullified the president’s appointment decision. In a July ruling, the court acknowledged that the appointment violated the principles of judicial independence and EU law, specifically Article 19 of the Treaty on European Union. It also noted that the transfer was made without the judge’s consent, bypassing constitutional criteria.
TSUE Ruling on Judge Transfer
The court cited a 2021 European Court of Justice decision that moving a judge without consent may contravene the non‑assignability principle and jeopardize judicial independence. Such transfers can affect case allocations and a judge’s career, with consequences akin to disciplinary sanctions.