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Supreme Court Reviews Immunity Waiver for Judge Piotr Schab

The Polish Supreme Court has begun reviewing a prosecution motion to lift the immunity of Judge Piotr Schab regarding alleged defamation of Waldemar Żurek during a 2022 press conference.

The 2022 Defamation Allegations

The Supreme Court has begun reviewing a prosecution motion to lift the immunity of Judge Piotr Schab, who served as a disciplinary spokesperson during the PiS administration. The case concerns allegations of defamation against Waldemar Żurek during a press conference held in 2022.

At the conference, Schab claimed that Waldemar Żurek, a Krakow District Court judge and former member of the National Council of the Judiciary, had falsified at least 64 rulings by providing incorrect issuance dates. Żurek, currently the Minister of Justice, dismissed the accusations as a “political shell” and an attempt to find fault where none exists.

Prosecution Motion and Legal Proceedings

The National Prosecutor’s Office submitted the motion to the Supreme Court in January. The dispute stems from a press conference in late May 2022. In early 2026, motions to lift the immunity of disciplinary spokesperson judges appointed during the PiS era—including Schab—reached the Supreme Court.

A complaint was filed by Żurek’s representative in March 2023, but the prosecution initially declined to investigate. Following a court order, proceedings were initiated in 2024. The prosecution decided to take over the case, arguing that accusing Żurek of conduct unbecoming of a judge was part of a broader campaign of repression and harassment against him during the PiS era.

Disputes Over Authority and Limitations

During Wednesday’s hearing, Schab’s defense requested a dismissal based on the statute of limitations and the alleged lack of an authorized prosecutor. The defense cited ongoing disputes regarding the legal standing of prosecution leadership following administrative changes and the status of officials appointed by predecessors.

Prosecutors argued that the complaint was filed before the expiration of the legal timeframe and that the victim should not suffer consequences due to the prosecution’s initial refusal to act. Judge Zbigniew Korzeniowski has granted prosecutors ten days to submit written positions regarding their authority and the statute of limitations.

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