Polish prosecutors filed a motion to recuse Judge Dariusz Łubowski from issuing a European Arrest Warrant for former Justice Minister Zbigniew Ziobry, citing impartiality concerns.
Recusal Motion Filed
The prosecutor submitted a request to exclude Judge Dariusz Łubowski from the case involving the issuance of a European Arrest Warrant for former Justice Minister and PiS lawmaker Zbigniew Ziobry. The motion cited “circumstances giving rise to justified doubts about the judge’s impartiality,” stated a spokesperson for the Prosecutor General’s Office.
Impartiality Concerns Raised
The prosecutor highlighted that Judge Łubowski previously ruled on a closely related, procedurally analogous case concerning a European Arrest Warrant for former Deputy Justice Minister and PiS lawmaker Marcin Romanowski. In December 2025, he revoked an ENA, despite having earlier issued one under similar circumstances for the same individual, thereby acknowledging grounds for the warrant against a suspect under political asylum. The ruling contained politically charged assessments, the prosecutor asserted.
Justice Fund Case Precedent
Minister Waldemar Żurek had previously criticized the judge’s December 2025 decision to revoke Romanowski’s ENA, calling its argumentation “surprising” and citing claims of “alleged violations of human rights, civic liberties, and the constitutional order” by the executive branch. The judge had stated that Hungary’s recognition of Romanowski as politically persecuted in Poland should be respected in good faith, the prosecutor noted, warning of similar political assessments for Ziobry.
KRS Hearing and Controversial Statements
The Warsaw District Court had previously accepted grounds for excluding Judge Łubowski from a renewed ENA request for Romanowski in January 2026, finding his political views risked bias. During a KRS hearing, Łubowski alleged a prosecutor attempted to “fix the case” by suggesting a discussion, which he refused. The prosecutor countered the call was procedural. The KRS chair also cited politically charged statements by Łubowski echoing Ziobry’s allies as further grounds for recusal.
Removal as Section Head
KRS Chair Dagmara Pawełczyk-Woicka announced Judge Łubowski’s removal as head of the Warsaw court’s international section due to “organizational problems,” not his rulings. Minister Żurek confirmed the change stemmed from the one-person section’s operational difficulties, not judicial decisions.