Deputy Justice Minister Challenges Appointment of New Supreme Court Chamber Head

Deputy Minister of Justice Dariusz Mazur criticized President Duda’s appointment of Maria Szczepaniec as the head of the Supreme Court’s Professional Liability Chamber, labeling the decision as qualified lawlessness.

Controversial Appointment to the Supreme Court

On Thursday, July 9, the Presidential Chancellery announced the appointment of Maria Szczepaniec as the head of the Professional Liability Chamber of the Supreme Court. On Friday, Deputy Justice Minister Dariusz Mazur publicly challenged the legality of the move on X, stating that Szczepaniec is not a legitimate Supreme Court judge, as she was appointed during the initial wave of judicial appointments following the takeover of the National Council of the Judiciary (KRS) by the PiS party.

Mazur argued that the appointment process was fundamentally flawed due to the involvement of an improperly constituted neo-KRS. Furthermore, he noted that the competition for the position lacked the Prime Minister’s necessary countersignature, and the appointment proceeded despite an existing protective order from the Supreme Administrative Court.

Questioning Qualifications and Legal Standing

Beyond procedural issues, Mazur emphasized that Maria Szczepaniec had never served as a judge prior to her appointment to the Supreme Court in 2018. Before her judicial career, she spent decades as an academic in the Department of Criminal Law at Cardinal Stefan Wyszyński University. Mazur warned that any rulings issued by a court including her lack independence and impartiality under the European Convention on Human Rights, exposing the State Treasury to significant financial liability.

History of Legal Disputes

In March, Judge Szczepaniec sparked controversy by dismissing a case regarding the lifting of Judge Piotr Schab’s immunity, citing the legitimacy of Dariusz Barski as the National Prosecutor. This decision underscored the ongoing friction between the judiciary and the executive branch. Criticism has been echoed by the Supreme Court’s Jury Council, which described the appointment as a dangerous legal delinquency that undermines the constitutional order.

Presidential Allegiance and Constitutional Claims

Deputy Minister Mazur further criticized the President for prioritizing political interests over the rule of law. He pointed to the inconsistency of appointing new judges to contentious chambers while failing to swear in legally elected candidates for the Constitutional Tribunal. Mazur concluded that the President is consistently choosing to stand on the side of illegality by favoring party interests over the welfare of the state and its citizens.