Prosecutor General Waldemar Żurek informed the Speaker of the Sejm, Włodzimierz Czarzasty, about the allegations against former members of the Council of Ministers. A spokeswoman for the prosecutor's office said the charges concern crimes related to their functions. She pointed out that, in accordance with the Act on the State Tribunal, the prosecutor is obliged to inform the Sejm about criminal proceedings conducted against members of the government.
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Adamiak explained that the information provided could be the basis for assessing whether the charges against Morawiecki, Błaszczak and Ardanowski could be considered constitutional torts. If such premises were confirmed, it would be possible to refer the case to the State Tribunal. She also added that it was possible to present the charges only after obtaining the consent of the Sejm to waive the immunity of these people.
Details of allegations against former ministers
Mateusz Morawiecki, as Prime Minister, was charged in February with exceeding his powers and failing to fulfill his duties in connection with the organization of the postal elections in 2020. The decision to commission Poczta Polska to prepare for the presidential elections, which were to be held during the COVID-19 pandemic, became the subject of an investigation by the District Prosecutor's Office in Warsaw.
In March, charges were brought against Mariusz Błaszczak. The case concerns the disclosure of secret information contained in the plan for the use of the Polish Armed Forces “Warta”. According to the findings, the former head of the Ministry of National Defense published fragments of the document in September 2023. The prosecutor's office has already filed an indictment in this case.
Also in March, Jan Krzysztof Ardanowski was charged. The Regional Prosecutor's Office in Warsaw is conducting an investigation accusing the former Minister of Agriculture of, among others, illegal provision of bank and credit guarantees.
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Procedure for bringing before the State Tribunal and next steps
Pursuant to the Constitution of the Republic of Poland, members of the government may be held accountable before the State Tribunal for violating the constitution, laws or for crimes related to the functions they perform.
In recent days, the Prosecutor General also provided the Speaker of the Sejm with information about the allegations against former Minister of Justice Zbigniew Ziobro. The case concerns the Justice Fund. Marshal Czarzasty announced that the leaders of the coalition parties had decided to submit a preliminary motion to bring Ziobro before the State Tribunal.
The procedure for bringing a member of the government before the Tribunal of State requires that the application be accepted by the Speaker of the Sejm and then referred to the Committee for Constitutional Responsibility. After conducting evidentiary proceedings, the Commission submits a report in which it recommends bringing the person before the Tribunal or discontinuing the case. The final decision is taken by the Sejm by a three-fifths majority of votes.
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