Polish Prime Minister Donald Tusk acknowledged Tuesday that legal and parliamentary limitations hinder efforts to bring former Justice Minister Zbigniew Ziobro before the State Tribunal.
Coalition Seeks Tribunal for Ziobro
Prime Minister Donald Tusk stated on Tuesday that real limitations exist regarding the potential indictment of former Justice Minister Zbigniew Ziobro before the State Tribunal, citing the lack of a constitutional majority within the ruling coalition.
He added that he is prepared for decisive action but must operate within the bounds of the law. The Sejm’s Speaker, Włodzimierz Czarzasty, announced that coalition leaders would submit a preliminary motion for Ziobro’s indictment during Tuesday’s parliamentary session.
Limited Majority and Legal Obstacles
Responding to questions during a press briefing in Tokyo, Tusk confirmed receiving a “signal from parliament” indicating a high probability of filing a motion for the State Tribunal regarding Ziobro. He emphasized the importance of holding accountable those who “stole or abused power or misused public funds.”
Tusk referenced the recent Hungarian elections and the opposition TISZ party’s attainment of a constitutional majority, contrasting it with the narrower victory of the current Polish ruling coalition in 2023. He highlighted existing constraints imposed by the previous PiS government, including parliamentary vetoes and prosecutorial limitations.
Commitment to Legal Process
The Prime Minister affirmed his willingness to take decisive action, but reiterated his commitment to operating within the legal framework, acknowledging its imperfections. He stressed that overcoming these limitations requires winning future elections with a sufficient margin to enact legal changes.
Slow Pace of Accountability
Tusk explained that the slow pace of accountability for the previous government is due to “objective legal circumstances” that create significant obstacles, including those related to the State Tribunal process.
Formal Indictment Process Underway
In late November, the Prosecutor General Waldemar Żurek informed the Sejm Speaker of charges against Ziobro. The prosecution indicated this notification could serve as a basis for the Sejm to consider whether the alleged violations constitute constitutional offenses, potentially leading to Ziobro’s indictment before the State Tribunal.
Coalition lawmakers began collecting signatures for a preliminary motion regarding the State Tribunal for Ziobro earlier this year. In March, the Sejm Speaker indicated the motion was ready and expected to be considered in early April, with a press conference planned for Wednesday to detail the grounds for indictment.
Requirements for Indictment
Under Polish law, initiating proceedings before the State Tribunal requires a preliminary motion signed by at least 115 deputies. This motion is referred to the Commission for Constitutional Responsibility, which conducts an investigation and submits a report to the Sejm with a recommendation for or against indictment. The Sejm then votes on the indictment, requiring a three-fifths majority (276 votes) with at least half of the statutory number of deputies present.
Allegations Against Ziobro
The prosecution accuses Ziobro of leading a criminal group as Minister of Justice and using his position for criminal activities, specifically related to the Justice Fund. He is alleged to have committed 26 offenses, including issuing unlawful directives to subordinates to ensure that selected entities received grants from the Justice Fund, interfering with tender preparations, and allowing ineligible entities to receive funds.
European Arrest Warrant Status
No European Arrest Warrant has been issued for Ziobro to date. A wanted notice was issued after the Warsaw-Mokotów District Court authorized his arrest in February, prompting a request for a European Arrest Warrant.
Currently, the Warsaw District Court is reviewing both an appeal against the arrest warrant and the request for a European Arrest Warrant. The court has addressed motions from Ziobro’s defense team to recuse individual judges. The appeal is now before a panel of three judges, and the court is also considering recusal motions regarding the European Arrest Warrant request. A recent request by Ziobro’s lawyer to suspend proceedings on the ENA has been rejected but is currently under appeal.
