Supreme Administrative Court Rejects Appeals in Cenckiewicz Security Clearance Case

Poland’s Supreme Administrative Court has dismissed appeals regarding the revocation of Sławomir Cenckiewicz’s security clearances, effectively ending the administrative legal phase of the case.

Decision by the Supreme Administrative Court

The Supreme Administrative Court rejected the cassation complaints filed by the Chancellery of the Prime Minister regarding the case of Sławomir Cenckiewicz. The case was heard by a three-judge panel consisting of Judge Tamara Dziełakowska, and Judges Paweł Mierzejewski and Olga Żurawska-Matusiak.

The proceedings concerned the revocation of eight security clearances granted to Cenckiewicz, providing access to classified information at the highest national levels, including “top secret” classifications, as well as within international systems like the European Union, NATO, and the European Space Agency.

Cenckiewicz’s Reaction and Lack of Public Justification

Cenckiewicz commented on the decision via X (formerly Twitter), stating, “Total victory over the rule of lawlessness! Thank you, NSA!”

The court announced its decision in a statement on its website, noting the hearing was held in camera and the full justification will not be publicly released due to the sensitive information contained within.

No Automatic Reinstatement of Access

Jacek Dobrzyński, spokesperson for the Minister Coordinating Special Services, emphasized that the NSA’s ruling does not automatically restore Cenckiewicz’s access to classified information. He stated that a verification procedure must be conducted according to the court’s guidelines.

Dobrzyński added that during the verification process, the Head of the National Security Bureau will not have access to classified information or be permitted to use his security clearances.

Concerns Regarding Maintaining Confidentiality

Dobrzyński explained that the lack of access stems from unresolved questions regarding Cenckiewicz’s ability to maintain confidentiality, a necessary condition for accessing classified information.

Presidential Spokesperson’s Comment

Rafał Leśkiewicz, the President’s spokesperson, commented on the case via X, stating, “Game over.”

Criticism of Government Tactics

President Karol Nawrocki stated that the NSA’s ruling is a victory for truth over falsehood, and expressed regret that the government resorts to “the most despicable methods” in the absence of valid arguments.

Background: Revocation of Security Clearances

In July 2024, the Military Counterintelligence Service revoked Cenckiewicz’s security clearances, prompting a complaint from Cenckiewicz. The Warsaw Administrative Court overturned the SKW’s decision on June 17th, leading the Prime Minister’s Chancellery to file cassation appeals with the Supreme Administrative Court on August 5th.

Cenckiewicz’s Role and Initial Access

In July of the previous year, Karol Nawrocki announced Cenckiewicz’s appointment as head of the Presidential National Security Bureau. This sparked the dispute over his access to classified information. Cenckiewicz was granted access to the non-classified portion of a National Security Council meeting on February 11th, prompting a review by the Internal Security Agency.

Allegations of Information Leaks

In December of the previous year, “Gazeta Wyborcza” reported that the SKW’s decision to revoke Cenckiewicz’s clearances was linked to his failure to disclose information about certain medications taken in his security questionnaire.

Cenckiewicz responded by stating that the “Gazeta Wyborcza” article contained numerous errors and falsehoods, and utilized sensitive information from confidential investigative proceedings. He announced his intention to pursue legal action against the author and the SKW leadership.

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