This is a significant and precedent-setting success for the National Prosecutor’s Office. For what is perhaps the first time, a court has ruled on the legality of entering a building that houses the neo-NCJ (National Council of the Judiciary). The court found that the entry was lawful. This decision was issued by the District Court for Warsaw-Mokotów on November 21, 2024.

Judge Marek Tyszkiewicz reviewed an appeal against a decision by the National Prosecutor’s Office authorizing entry into the office of the disciplinary officers and conducting a search there if they refused to hand over files on disciplinary cases. The appeal was filed by Przemysław Radzik, the deputy disciplinary officer.

The office of the disciplinary officers is located in a building on Rakowiecka Street in Warsaw. The building belongs to the Warsaw University of Life Sciences (SGGW), which rents it out. The neo-NCJ occupies part of the building and also facilitates the operation of the Chief Disciplinary Officer and their deputies. However, their office has a separate entrance.

On July 3, 2024, prosecutors from the Internal Affairs Division of the National Prosecutor’s Office visited the Chief Disciplinary Officer, Piotr Schab, and his deputies, Przemysław Radzik and Michał Lasota. They were seeking files from approximately 30 baseless disciplinary proceedings initiated against judges who defended the rule of law.

The ad hoc disciplinary officers appointed by Justice Minister Adam Bodnar demanded the handover of these files. These officers are taking over the cases to discontinue them, thus ending the persecution of independent judges. However, the disciplinary officers appointed by Zbigniew Ziobro do not recognize their authority and refuse to hand over the files, even though the legitimacy of the ad hoc officers is confirmed by the Supreme Court’s Chamber of Professional Responsibility. Consequently, the ad hoc officers filed a complaint with the National Prosecutor’s Office about Schab, Radzik, and Lasota concealing the files. This led to the decision to enter their office.

In July, after the prosecutors entered, Ziobro’s officers refused to hand over the files. As a result, locksmiths were called to open the cabinets. The files were found. Following this investigation, the National Prosecutor’s Office has already requested the lifting of the immunity of Schab, Radzik, and Lasota. It seeks to charge them with concealing documents and abuse of power. The request is pending before the Supreme Court’s Chamber of Professional Responsibility.

Now, the District Court for Warsaw-Mokotów has upheld the prosecutor’s decision to enter their office and conduct a search, deeming it lawful. Judge Marek Tyszkiewicz ruled that the search was justified as the National Prosecutor’s Office had grounds to believe that the office contained files related to the disciplinary cases.

Radzik had also refused to hand over files that could serve as evidence in the prosecutor’s investigation. “Therefore, the decision to demand the handover of items and conduct a search was justified, necessary, and indispensable for the ongoing preparatory proceedings,” the court ruled.

The Mokotów court also analyzed other complaints raised by Radzik. It ruled that the prosecutor’s actions did not violate his judicial immunity. The court emphasized that immunity serves to protect the independence of a judge, not their personal interests. It concluded that Radzik’s formal immunity does not preclude procedural actions in a case where he is not a suspect.

The court further clarified that judicial immunity pertains to the judge as an individual, not to property or office equipment used by the judge professionally.

The court also assessed whether the prosecutor’s entry into the SGGW building violated the university’s autonomy. It ruled that it did not. SGGW does not conduct educational activities in the building but rents out the premises commercially to various institutions. Furthermore, the prosecutor’s office had informed SGGW authorities of its intentions in advance.

The court’s ruling is final. Appeals filed by Piotr Schab and Przemysław Radzik are still pending.

The neo-NCJ also filed an appeal, but the prosecutor’s office rejected it, deeming the neo-NCJ unauthorized to file such a complaint. The decision to enter and search was not directed at the neo-NCJ, and the search did not occur on its premises. The neo-NCJ’s attorney appealed the rejection but did so after the deadline, and the appeal was not accepted.

Six Investigations into Ziobro’s Disciplinary Officers

The investigation into the refusal to hand over disciplinary case files to the ad hoc officers is not the only one involving Chief Disciplinary Officer Piotr Schab and his deputies. This year, the Internal Affairs Division of the National Prosecutor’s Office initiated five additional investigations. Independent judges who were targeted and obstructed by them under PiS rule demand accountability. The investigations include:

1. Blocking Judge Igor Tuleya from adjudicating while he was illegally suspended by the Disciplinary Chamber. Schab and Radzik acted in this matter as leaders of the Warsaw District Court.

2. Actions against Judge Paweł Juszczyszyn from Olsztyn, who was also blocked from adjudicating and faced baseless disciplinary proceedings.

3. A large investigation into Schab, Radzik, and Lasota for persecution of 30 independent judges.

4. Over 20 baseless disciplinary proceedings against Judge Waldemar Żurek of the Kraków District Court.

5. Actions against judges of the Warsaw Court of Appeals, including Marzanna Piekarska-Drążek, Ewa Gregajtys, and Ewa Leszczyńska-

Furtak, who were unlawfully reassigned to another division for applying European law. They were also subjected to baseless disciplinary proceedings. The reassignment was ordered by Schab and Radzik as court presidents, while Lasota handled the disciplinary cases.

Recently, Justice Minister Adam Bodnar’s ad hoc disciplinary officer also launched disciplinary proceedings against them in connection with baseless cases against Judge Waldemar Żurek. This action was initiated at the request of the judge and his legal representative.

Additionally, the Internal Affairs Division of the National Prosecutor’s Office has submitted another request to the Supreme Court’s Chamber of Professional Responsibility to lift the immunity of Deputy Disciplinary Officer Przemysław Radzik. The Regional Prosecutor’s Office in Wrocław intends to charge him in connection with the “hate scandal.” Radzik allegedly disclosed materials from disciplinary proceedings, including those involving Judge Waldemar Żurek.

Radzik reportedly passed this information to former Deputy Justice Minister Łukasz Piebiak, a key figure in the “hate scandal” (who is also facing charges from the prosecutor’s office). According to reports by OKO.press, the information was used to devise media strategies to attack Judge Żurek.

The above text, authored by Mariusz Jałoszewski, was published in OKO.press on November 28.