Poland’s Sejm Speaker Włodzimierz Czarzasty announced the motion to bring former Justice Minister Zbigniew Ziobro before the State Tribunal is prepared and will be considered in early April.
Procedure and Required Majority in the Sejm
A motion to hold a Member of Parliament accountable before the State Tribunal requires an initial submission signed by at least 115 deputies. This then goes to the Commission for Constitutional Responsibility, and subsequently, the Sejm votes on whether to bring the individual before the Tribunal with a 3/5 majority (276 votes) in the presence of at least half of the statutory number of deputies.
Government Coalition Decision
Speaker Czarzasty informed the public in December of last year that the governing coalition had decided to collect signatures for the initial motion to refer Ziobro’s case to the State Tribunal.
Prosecution Charges and the Justice Fund Affair
At the end of November last year, the Minister of Justice and Prosecutor General Waldemar Żurek informed the Speaker of the Sejm about charges against Ziobro related to his tenure as Minister of Justice and Prosecutor General from 2015-2023. It was indicated that this notification could serve as a basis for the Sejm to consider whether the alleged violations of law constitute a constitutional offense, potentially leading to Ziobro’s constitutional accountability before the State Tribunal.
The prosecution accuses the former Minister of Justice, among other things, of leading an organized criminal group and using his position for criminal activities. Ziobro is alleged to have committed 26 crimes, including issuing orders to subordinates to break the law to ensure that selected entities received grants from the Justice Fund, interfering with the preparation of competition proposals, and allowing funds to be granted to ineligible entities.
Immunity Waiver and Political Asylum in Hungary
The Sejm waived Ziobro’s immunity on November 7th of last year regarding all 26 charges the prosecution intends to bring against him. The Sejm also consented to his detention and arrest. On the same day, the prosecution issued a decision to present Ziobro with charges and to detain and forcibly bring him by the ABW, but this proved ineffective due to the former minister’s absence from Poland.
Political Asylum and International Protection
Ziobro currently has political asylum and international protection from the Hungarian authorities, who determined that he faces political persecution. This decision was made in December of last year. Ziobro himself stated that he would remain abroad until “real guarantees of the rule of law are restored in Poland” and that he chooses “to fight against political banditry and lawlessness.”
