Poland’s Supreme Court indefinitely postponed a hearing regarding the immunity of Judge Michał Lasota, requesting documentation to verify the authority of the prosecutors involved.
Background to the Case – Dismissals and Allegations Against Judge Lasota
Judge Lasota was appointed Deputy Disciplinary Spokesman for Judges of Common Courts in 2018 by then-Minister of Justice Zbigniew Ziobro. He, along with Judge Piotr Schab and his other deputy, Judge Przemysław Radzik, were dismissed from this position in 2025 by the heads of the Ministry of Justice appointed by the current ruling coalition.
The three judges consider their dismissal by the Ministry of Justice to be ineffective.
Concerns Regarding Prosecutors’ Involvement
During Tuesday’s hearing, one of Judge Lasota’s lawyers, Judge Maciej Nawacki, requested the court to determine the basis for Prosecutor Calów-Jaszewska’s participation in the proceedings. He questioned who authorized her to represent the prosecutors who initiated the case.
Nawacki stated that it is unclear on what basis Prosecutor Calów-Jaszewska was transferred to the Internal Affairs Department of the National Prosecutor’s Office (PK). He argued that verifying the prosecutor’s authority is crucial to protect Judge Lasota’s right to defense.
Prosecution Seeks Charges Against Lasota
The prosecution intends to charge Lasota with “concealing documents and failing to fulfill obligations” related to the non-release of disciplinary proceedings to the disciplinary spokesmen of the Ministry of Justice (so-called ad hoc spokesmen). The request to lift Lasota’s immunity was submitted to the Criminal Chamber of the Supreme Court in July 2024.
Supreme Court to Review Prosecutor Credentials
Judge Tomasz Demendecki, presiding over the case in the Criminal Chamber of the Supreme Court, announced that the court will request documentation from the National Prosecutor’s Office regarding the authority of Prosecutor Calów-Jaszewska and her superior, Head of the Internal Affairs Department of the National Prosecutor’s Office, Prosecutor Dariusz Makowski, who signed the request to lift Lasota’s immunity.
Similar doubts were previously expressed by the Supreme Court in a similar case concerning the lifting of immunity of Judge Piotr Schab.
Lasota and Calów-Jaszewska Dispute Authority
Judge Lasota argued that if Prosecutor Dariusz Korneluk is not the National Prosecutor, Prosecutor Calów-Jaszewska could not have been effectively delegated to the PK and entrusted with duties in the Internal Affairs Department. He believes she lacks the authority to perform any actions in the courtroom.
Prosecutor Calów-Jaszewska requested that the submitted motions be dismissed, stating she was authorized in writing by the Head of the Internal Affairs Department of the National Prosecutor’s Office, Dariusz Makowski, and presented the relevant document to the court. She also argued that the motions questioning her participation and the basis for the immunity removal request are intended to prolong the proceedings.
Ongoing Conflict within the Polish Prosecutor’s Office
The ongoing conflict regarding the highest authorities of the Polish prosecutor’s office is linked to the change in leadership of the National Prosecutor’s Office, which occurred on January 12, 2024. Then-Minister of Justice and Prosecutor General Adam Bodnar presented Dariusz Barski with a document stating that his reinstatement from retirement “was carried out in violation of applicable regulations and did not produce legal effects.”
This decision sparked controversy, with Barski being supported by then-President Andrzej Duda. Barski was a close associate of former Minister of Justice and Prosecutor General Zbigniew Ziobro, who had reinstated him to service on February 16, 2022.
In January 2024, Prime Minister Donald Tusk appointed Prosecutor Jacek Bilewicz as acting National Prosecutor until a successor to Barski was selected through a competition. Prosecutor Dariusz Korneluk won the competition in the second half of February and was appointed the new National Prosecutor by the head of government in mid-March 2024.
History of Immunity Removal Requests at the Supreme Court
Judge Demendecki decided on Tuesday to postpone the case indefinitely, requesting documentation from the National Prosecutor’s Office regarding the delegation of Prosecutor Calów-Jaszewska to the Internal Affairs Department of the National Prosecutor’s Office, as well as documentation regarding the appointment of Prosecutor Makowski, who submitted the request to lift Judge Lasota’s immunity.