A row at the State Tribunal. Who was at fault? Dispute analysis and possible scenarios

Behavior of Małgorzata Manowska's source of conflict

The dispute at the State Tribunal broke out In the spring of 2024, after Małgorzata Manowska refused six judges to convene a meeting of the full composition to change the regulations. Judges elected by the Sejm From the nomination of the coalition party, they wanted to limit the rights of the chairman. They demanded, among others introducing the principle of drawing the adjudication panels, transferring the right to determine the meetings to the chairman of a given composition, open meetings of the full composition.

The manager of Manowska refused because she demanded a written justification for the proposal from them, although they could do it orally during the meeting. For this she realized one of the postulates. Issued an ordinance about the drawing of warehouses. When the meeting did not convene within the statutory date, the judges in June 2024 submitted a notification to the prosecutor's office of suspected crime committed by Małgorzata Manowska.

In September 2024, the prosecutor's office initiated proceedings that quickly expanded beyond the issues of the Tribunal itself. Ultimately, three charges were charged: failure to make a meeting of the full composition of the TS within the regular period, recognition of the resolutions of the College of the Supreme Court, despite failure to meet the requirement of the quorum necessary for the validity of the vote and failure to perform a final court decision in the case of judge Paweł Juszczyn.

In July 2025, the National Prosecutor's Office applied to the TS to deprive Małgorzata Man's immunity, i.e. permission to bring her to criminal liability. It was in this matter that the State Tribunal gathered on September 3.

See also: We know the date of the meeting of the State Tribunal. It is about the immunity of Małgorzata Manowska

The prosecutor's office makes two mistakes

In theory, everything was to run smoothly. Pursuant to the Act, a resolution on deprivation or not immunity is given by an absolute majority of votes in the presence of at least 2/3 of the members of the Tribunal, excluding the member to which it relates.

On behalf of the party of the ruling coalition in The Tribunal sits 11 members, so they should win with seven members on the PiS recommendation (not counting Małgorzata Manowska exclusive by law). Depriving of Man's immunity would cause it to suspend it in the activities of the chairwoman of the TS. Then her duties are taken over by her appointed deputy, and if he was not appointed, the oldest judge. Currently in TS, the oldest is Józef Zych (87 years old). He would set dates of hearings, e.g. in the case of Maciej Świrski, chairman of the National Broadcasting Council. Pushing Manowska, not making her accusations, is the main goal of all the confusion. In order for the prosecutor's office to be charged, it would be necessary to repeal the immunity of the SN judge, who also protects Manowska. And with this there will be an even greater problem than with the immunity of the TS judge.

Małgorzata Manowska's defender uses the prosecutor's mistakes

However, the prosecutor's office made a mistake or even two. First, she listened to 13 TS judges as witnesses, which was used by Bartosz Lewandowskidefender of Małgorzata Manowska. He requested that the judges be excluded from the case. – I am not surprised, I would do that too, the prosecutor's office should predict this, but also one of the judges of TS – says one of our interlocutors.

The State Tribunal composed of: Piotr Andrzejewski (chairman), Piotr Sak (rapporteur) and Józef Zych at a secret meeting excluded by law from the case of 12 judges. The point is that pursuant to art. 40 of the Code of Criminal Procedure, the judge is by law excluded from participation in the case, if he was questioned in the case as a witness or witnessed the act. The question also remains, if someone made a notification, can he then rule?

Therefore, Andrzejewski and Sak said on Wednesday that advocate Jacek Dubois Do Przemysław Rosati, president of the Supreme Bar Council, should not formally participate in the meeting. Formally, the prosecutor's request regarding immunity was considered by a three -person composition.

Excluded judges take a glove

To the judges off, which surprised Piotr Andrzejewski, However, the gowns were set up, and also submit an application for consideration in the first place of the legal issue. The dispute was about whether the Code of Criminal Procedure could be used in this case.

The excluded judges and the prosecutor's office argue that the provisions of the CCP should only be used “properly”, not directly – and that in procedural matters you can withdraw from literal interpretation. That is why they wanted to first resolve the legal issue regarding the use of the CCP, and only then proceed to consider the immunity. Then they would probably recognize that they could not be turned off, because without them there is no full composition, which would paralyze TS and the Man's case could not be proceeded.

Only that according to the other party, there is no legal issue, because it is obvious that immunity matters are criminal proceedings. Similarly, prof. Ireneusz Kamiński, as he informed on the portal X. That is why Piotr Andrzejewski did not extend the agenda to the legal issue, but also did not control his emotions.

Our other interlocutor notes that there would be no problem if the prosecutor's office was conducting three cases, not one. – At that time, it would have to be voted in matters in which they were not interrogated, which would probably allow Małgorzata Man's immunity, because there would be no problem with the required composition – a lawyer tells us, similar to TS. In his opinion These two errors of the prosecutor's office: interrogation of as many as 13 judges, and above all the combination of three cases into one facilitated the action of defense and led to the paralysis of the Tribunal in favor of Manowska.

– Now the judges are trying to fix the prosecutor's error, but we are in war and this is not the time for legal disputes. You have to prepare well for the war – Another lawyer tells us who has been supporting the coalition from the beginning.

What next with the matter of Małgorzata Manowska?

A scandalous meeting of the Tribunal, which the media recorded, is, however, the past. The question is what to do next.

Here again there are doubts and various scenarios. Chairman Piotr Andrzejewski ordered a break to calm down. According to judges, the doctor came then and the judge did not return. As a result, Józef Zych, who ordered the postponement until September 22, took the presidency. The prosecutor's office has already declared that he would appear on this meeting. The problem is that it is not sure whether it will take place or whether Józef Zych will keep this deadline.

Piotr Andrzejewski believes that everything that happened after his interruption was devoid of officiality. “In particular, it was unauthorized to set the date of the meeting on September 22, 2025 by a person not chairman. In turn, statements made during the break by the judges of the State Tribunal present in the hall only represented their views,” he writes in a statement published on the website of TS.

What can happen now? First of all, Andrzejewski can still convene a meeting and ensure that it takes place in a three -person composition, without the participation of excluded judges. A three -person squad could postpone the meeting until, according to the TS regulations, Małgorzata Manowska's drawing to criminal liability, he will be able to take care of the full composition, and exactly at least 13 judges (2/3 of 19).

Is it even possible? – Yes, there are two options. The excluded judges can renounce the functions and the Sejm will choose new ones or you will have to wait until the next term of the Sejm – One of the lawyers tells us.

Another believes that judge Andrzejewski may not convene a meeting at all. – The statutory and regular obligation was fulfilled, the meeting of the full composition was convened, but due to the circumstances, interrupted – explains another lawyer.

One thing is certain: we have the paralysis of the State Tribunal, and this war will not end quickly. More statements and battlefields are already appearing. On the one hand, Piotr Andrzejewski will have a discipline at the initiative of Ewa Krasowska's lawyer, spokesman for the disciplinary lawyer. There was also information that he could accuse him of violating the bodily integrity of a public official (Article 222 of the Penal Code), a crime prosecuted ex officio. However, as we have established, the District Prosecutor's Office in Warsaw will not undertake such proceedings, unless he receives a notification, and until Thursday did not receive. In turn, Małgorzata Manowska stated that the situation was forcing her to take firm legal steps to protect employees. What? It is not known exactly.