In July 2025, the National Prosecutor's Office applied to the Tribunal of State to deprive Małgorzata Man's immunity, i.e. permission to bring her criminal liability. It was in this matter that the State Tribunal gathered on September 3, but there was a row. Chairman Piotr Andrzejewski ordered a break to calm down. As a result, Józef Zych, who ordered the postponement until September 22, took the presidency. This decision was not recognized by judge Piotr Andrzejewski and convened a secret meeting for Thursday, September 18, in accordance with one of the one of the scenarios that we described in Business Insider Polska.
The meeting began at 14, and ended after 17. Three judges took part in it: Piotr Andrzejewski, Józef Zych and Piotr Sak and Bartosz Lewandowski, representative and president of the Supreme Court of Małgorzata Manowska. The other judges did not participate because they were excluded from the case by law. 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. And this time they failed to enter the room.
As a result of September 18 this year. TS in a three -person composition in closed session He discontinued the proceedings regarding the revocation of Małgorzata Manowska's immunity, as reported on the portal of X Lewandowski. The official message in this matter is to be published tomorrow. Simultaneously TS ordered the prosecutors to leave the application to exclude the judges participating in it without recognition as from an unauthorized person. The prosecutor's office argued that other judges should also be excluded in accordance with the CCP, because they witnessed crimes that want to accuse Man's.
See also: The prosecutor's office was at fault, who will clean? Backstage of a turbulent meeting of the State Tribunal [ANALIZA]
The dispute over the meeting will go to the prosecutor's office? There is a different way out
The prosecutor's office and judges who have notified to Małgorzata Manowska to the prosecutor's office may not recognize today's meeting.
Advocate Przemysław Rosati, a judge of the Constitutional Tribunal, believes that it is even “absolutely unlawful”.
“We are dealing with a friendly meeting, which was ended with a document – this is how Jacek Dubois, lawyer and judge of the TS, commented in the program” This is how “the decision to discontinue the proceedings regarding the immunity of Małgorzata Manowska. composition.
Before Thursday, Józef Zych's meeting wanted to lead to a situation in which he acted “in accordance with the law and in accordance with all the rules, respecting all members of the” Tribunal. In addition, he decided that “it is not true to state that there was no authorization” to postpone the TS meeting on immunity and the President of the Supreme Court for September 22. As you can see, he was probably voted.
As he tells us A person similar to TS, judges elected by the coalition, can first submit a notification to the prosecutor's office on judges who have unlawfully issued a Thursday ruling. This, however, will cause paralysis of the Tribunal. There is one more opportunity to get out of a difficult situation.
After discontinuing the prosecutor's office He may once again submit an application to repeal Małgorzata Manowska's immunity and do not commit it this time errors, about which we wrote more here. The point is that they can do several Man's matters instead of one. Then they can apply to the TS to repeal immunity, but in the Supreme Court case. Then legal disputes, whether witnesses may participate in the proceedings, would not matter. In accordance with the regulations, TS could decide to repeal immunity in full composition.
Depriving of Man's immunity would cause it to suspend it in the activities of the chairwoman of the TS. This is really the target of the whole exchanging, because it is still protected by the immunity of the SN judge.
See also: A sudden twist of shares in the case of Hreit and Michał Sapota. He was arrested
What is the dispute about the State Tribunal
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 nominations of the coalition party 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 in one proceeding She was charged with three accusations: failure to determine the meeting of the full composition of the TS within the regular date, recognition of the resolutions of the College of the Supreme Court, despite the failure to meet the requirement of the quorum necessary for the validity of voting and failure to perform a final court decision in the case of judge Paweł Juszczyn.
