Magyar stepped into Orban's shoes? He makes promises for the court, but Ziobro and Romanowski are still protected

Read also: Orban's defeat and the end of “Orbanomics”. This is the anatomy of the fall of power in Hungary

A video of Prime Minister Donald Tusk standing next to a police car, waiting for Zbigniew Ziobro, former deputy minister of justice, is causing a stir on social media. The Prime Minister himself admits that he will be happy to welcome Ziobro to Poland.

Hopes are kindled by a political declaration Peter Magyar, leader of the winning TISHA party.

— I can only suggest to Messrs. Ziobro and Romanowski that if they have nothing to hide, they should return home and stand before the nation. Ziobro was the Minister of Justice, so he should know the Polish judicial system. He should clear his name of these accusations. But that's none of my business. So we will find a method. Well, unless they've already left. But if they have not left, we will extradite them to Poland – Magyar said during a press conference. However, a political decision is not enough.

Anna Mika-Kozak, a lawyer specializing in criminal law and the European Arrest Warrant, disciplinary spokesman of the Bar Association in Warsaw, explains what must happen for both politicians to come to Poland and stand before the court.

How long can both politicians be protected by Hungarian asylum?

First of all and Marcin Romanowski and Zbigniew Ziobro are still protected by asylum. Briefly speaking, the media says that it was awarded by Viktor Orban, but in fact the decision was made by the Hungarian Office for Foreigners (Országos Idegenrendészeti Főigazgatóság, National Directorate General for Foreigners), which reports to the Minister of Interior and Administration. Asylum can be withdrawn, e.g. by re-initiating the proceedings ex officio due to certain circumstances.

— Without knowing the details, it is difficult to say when and how this will be possible. However, the decision on asylum is crucial for now, because it is the one that blocks the hands of the Hungarian courts – Anna Mika-Kozak tells us.

And thanks to it, PiS politicians have access to a unique passport, which we write about below.

The calendar of the Hungarian elections shows that nothing will happen to PiS politicians in the next four weeks.

First, the term of office of the National Assembly begins with the inaugural session, which is convened by the president within one month of the election day. This means that Tamás Sulyok, the president of Hungary, associated with Fidesz, has until May 12.

With the term of office of the new parliament, the mandate of the previous government ends. During the inaugural meeting, the head of state recommends a candidate for the new prime minister, who must receive the support of an absolute majority of the National Assembly. However, Orban's old government serves as an interim government until a new cabinet is formed.

When is extradition possible?

The old government is unlikely to press for the withdrawal of the decision to grant asylum. This makes it so the Hungarian court cannot agree to extradition on the basis of the European Arrest Warrant (EAW).

This is due to the amendment to the Hungarian Act on criminal cooperation with European Union Member States, in force since December 13, 2025.

— This change was referred to as lex Ziobro and it boils down to the fact that inthe possibility of extraditing a person covered by an EAW in a situation where there is a condition for granting political asylum has been excluded. And both politicians have such protection in Hungary, explains Anna Mika-Kozak.

In the case of EAW, in Hungary, as in other countries, the court decides.

— At the moment, the court's hands are tied with the amendment to the regulations. If the regulation is changed or asylum is withdrawn, we will return to the premises of the EAW directive. In such a situation, it can be expected that the court will agree with the arguments of the Polish side and consent to extradition. This is not an automatic decision, i politicians have no influence on it, unless the new prime minister wants to step into Viktor Orban's shoesa – he calls himself Mika-Kozak.

It is worth noting here what Hungarian lawyer Dr. György Kecser pointed out in an interview with Business Insider, fromchanging the law requires a qualified majority of votes, i.e. two thirds of the current members of parliament must vote for the change. These are 133 out of 199 MPs. At the moment, it is estimated that Tisza won 138 seats, which gives her a reasonable advantage.

Importantly, potential extradition can only be considered for Marcin Romanowski. No EAW was issued against Zbigniew Ziobro, as we write about in the following paragraphs.

See also: Orbán's fall will have consequences for Poland. Here are the most important ones

What about the EAW for Zbigniew Ziobro?

Zbigniew Ziobro is indeed wanted on an arrest warrantbut… only on Polish territory. This is the result of the February 2026 decision of the District Court for Warsaw-Mokotów to apply pre-trial detention to the former Minister of Justice. However, this decision was appealed by his defenders, so it is not final.

Despite this, a prosecutor from the Investigative Team No. 2 of the National Prosecutor's Office in February this year. submitted to the District Court in Warsaw an application for the issuance of an EAW against Zbigniew Ziobro.

Zbigniew Ziobro's lawyers submitted a request to suspend the EAW proceedings until a final decision on pre-trial detention is obtained. The SO refused to suspend. The defense lawyers did not agree with this and filed an appeal. One of them made a formal error and did not sign the application. Therefore, the court returned it for completion within seven days. However, in total, they can gain 21 days if they receive the notice from the court at the latest date. Until the case is over, Zbigniew Ziobro can safely stay outside Poland. In order for him to be wanted abroad, the court must issue an EAW against him.

Can Ziobro and Romanowski leave Hungary?

There are voices in the public space that both PiS politicians have already left Hungary or intend to do so. The USA is indicated as a potential emigration destination. How is this possible when the Polish passports of Zbigniew Ziobro and Marcin Romanowski were detained?

Both politicians can use the so-called a Geneva passport, which is valid for all countries in the world. The need to obtain a visa may be a limitation. Such a passport, also called a travel document in accordance with the Geneva Convention, is issued by the country that has granted the refugee international protection.

Marcin Romanowski has such a document, which was confirmed to us by his representative, lawyer Bartosz Lewandowski.

Zbigniew Ziobro should receive the same document as a person who has obtained international protection. We asked lawyer Adam Gomoła about this, but we did not receive an answer.

– So as you can see, Both politicians are not at risk in Hungary at the moment due to their asylum status, and their status will not change quickly. This takes time, it is difficult to expect that they will be brought to Poland overnight. Undoubtedly, the annulment of asylum, but also the issuance of an EAW against Zbigniew Ziobro, would make the entire process easier and faster, as long as politicians are still in Hungary. – says attorney Anna Mika-Kozak.