Poland’s Supreme Court dismissed proceedings regarding the immunity of Judge Piotr Schab, a disciplinary prosecutor, due to an unauthorized prosecutor filing the request.
Immunity Case Dismissed Over Procedural Error
The Supreme Court’s decision concerns the immunity case of Judge Piotr Schab, one of the disciplinary prosecutors. The court ruled the proceedings invalid because the request was submitted by an unauthorized prosecutor.
The prosecution’s request related to the case of Igor Tuleya.
Investigation into Restrictions on Judge Tuleya’s Work
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. This stemmed from an investigation into decisions made by both judges when, as presidents of Warsaw courts, they allegedly prevented Judge Igor Tuleya from working despite a court order securing his position.
Prosecutors 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 concerned his actions in August 2022, when, as President of the Warsaw Court of Appeal, he overturned a previous ruling allowing Tuleya to hear cases. Similar allegations of “abuse of authority” and unlawful denial of Tuleya’s right to office were made against Radzik.
Schab and Radzik Reject Dismissal Decisions
Schab and Radzik were among the disciplinary prosecutors associated with the period of Zbigniew Ziobro’s tenure at the Ministry of Justice. In April 2025, then-Minister of Justice Adam Bodnar dismissed Schab and Radzik from their positions. Following his appointment in late July, new Minister Waldemar Żurek also dismissed Michał Lasota, another deputy.
However, Schab, Radzik, and Lasota did not recognize these decisions. Schab later described them as “illegal and ineffective ministerial decrees,” arguing during a press conference that “legislation cannot be verified by executive decree against the constitution.”
Escalating Dispute Over Disciplinary Prosecutors
The dispute intensified in autumn 2025 when Joanna Raczkowska, a new disciplinary prosecutor appointed by Minister Żurek, began dismissing deputies acting at the courts. Some of them, like Schab, considered these decisions invalid and ineffective. Schab claimed that “all actions by Ms. Raczkowska aimed at successively dismissing deputy prosecutors (…) are ineffective.” This resulted in a situation where two sides of the dispute presented themselves as legitimate disciplinary prosecutors.
Supreme Court Intervention and Searches
Judge Wiesław Kozielewicz, President of the Chamber of Professional Responsibility of the Supreme Court, also commented on the situation. He stated, “There is a legal problem generated by decisions of the executive branch. I have a duty to resolve this problem and I will resolve which of the prosecutors is actually authorized.” On January 21st, searches were conducted in the offices of Schab, Radzik, and Lasota at the KRS headquarters, aimed at “collecting and securing documents” by prosecutors with police assistance.