Deputy Justice Minister Challenges Appointment of New Supreme Court Chamber President

Deputy Justice Minister Dariusz Mazur criticized President Karol Nawrocki’s appointment of Maria Szczepaniec as President of the Supreme Court’s Professional Liability Chamber, labeling her a non-legal judge and questioning the court’s independence.

Legitimacy of the Appointment Contested

Deputy Justice Minister Dariusz Mazur stated on Friday that Maria Szczepaniec, appointed Thursday as President of the Professional Liability Chamber of the Supreme Court (SN), is not a legal judge. Mazur added that any panel of the court featuring her participation does not constitute an independent judicial body.

The Presidential Chancellery announced the appointment on Thursday, noting that the president selected the chamber president from three candidates nominated by the chamber’s judges. The ceremony was attended by First President of the Supreme Court Zbigniew Kapiński and Constitutional Tribunal President Bogdan Święczkowski.

Constitutional and Legal Objections

Mazur argued on social media that Szczepaniec’s appointment represents a case of “qualified lawlessness.” He cited that she joined the Supreme Court following the political takeover of the National Council of the Judiciary (KRS) by the PiS party, and noted that the original judicial competition was held without the Prime Minister’s mandatory countersignature.

Furthermore, Mazur highlighted that Szczepaniec was appointed despite an injunction issued by the Supreme Administrative Court. He emphasized that her lack of prior experience as a judge, combined with these procedural flaws, undermines the impartiality of the court under the European Convention on Human Rights.

Controversies Surrounding the Professional Liability Chamber

The Professional Liability Chamber has faced recurring legal challenges since its inception in 2022, which followed the dissolution of the Disciplinary Chamber. Various legal experts and the Supreme Court’s own Chamber of Criminal Affairs have previously questioned whether the Professional Liability Chamber qualifies as a legitimate Supreme Court body, often citing rulings from the Court of Justice of the European Union.

The appointment process drew public opposition, including appeals from the Supreme Court’s Juror Council, which urged the President not to appoint judges selected by the post-2017 KRS. Andrzej Kompa, head of the Juror Council, declared the appointment a constitutional delict.

Stalled Appointments to the Constitutional Tribunal

In addition to the Supreme Court appointment, Mazur criticized President Nawrocki for failing to swear in other legally elected judges to the Constitutional Tribunal, including Anna Korwin-Piotrowska, Sławomir Patyra, Krystian Markiewicz, Marcin Dziurda, and Maciej Taborowski. Mazur accused the President of prioritizing partisan interests over the state’s legal wellbeing.