The Polish Supreme Court dismissed proceedings regarding the immunity of Judge Piotr Schab due to an improper request from the prosecutor.
Supreme Court Decision on Piotr Schab’s Immunity
The Supreme Court’s decision concerns the immunity of Judge Piotr Schab, one of the disciplinary spokespersons for judges. The court ruled to dismiss the proceedings because the request was submitted by an unauthorized prosecutor.
Case Related to Igor Tuleya
The prosecution’s request pertained to the case of Igor Tuleya. In December 2024, the Internal Affairs Department of the National Prosecutor’s Office submitted a request to the Chamber of Professional Responsibility of the Supreme Court to allow criminal prosecution of Piotr Schab and Przemysław Radzik.
The investigation concerned decisions made by both judges when, as presidents of Warsaw courts, they prevented Judge Igor Tuleya from working despite a court order. The prosecution alleged that Schab, as President of the Warsaw District Court, “exceeded his authority and thereby acted to the detriment of the public and private interests of Igor Tuleya.” The charges also related to his actions in August 2022, when, as President of the Warsaw Court of Appeal, he overturned a previous ruling regarding Tuleya’s admission to adjudicate cases. In the case of Przemysław Radzik, the prosecution also spoke of “exceeding authority” and unlawfully refusing Tuleya the right to hold office, and suspected persistent violations of the judge’s labor rights.
Schab and Radzik Disagree with the Decision
Schab and Radzik did not recognize the decision. Piotr Schab and Przemysław Radzik were among the disciplinary spokespersons associated with the period of Zbigniew Ziobro’s rule in the Ministry of Justice. In April 2025, the then Minister of Justice, Adam Bodnar, dismissed Schab and Radzik from their positions.
After taking office at the end of July, the new Minister Waldemar Żurek also dismissed the second deputy, Michał Lasota. However, Schab, Radzik, and Lasota did not recognize these decisions. Schab later spoke of “illegal and ineffective ministerial decrees,” and during a press conference, argued that “a decree of the executive branch (…) cannot verify legislation against the constitution.”
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