Supreme Court Did Not Lift Judge Maciej Nawacki's Immunity

The Chamber of Extraordinary Control and Public Affairs of the Supreme Court issued a decision on Tuesday, February 25th, regarding the prosecutor's office's request to lift the immunity of Judge Maciej Nawacki. The decision was negative, resulting in the temporary protection of the judge from criminal proceedings. The case, which became prominent in legal circles, dates back to December 2021. At that time, Judge Nawacki allegedly tore up a resolution of the National Council of the Judiciary during a press conference, in which the Council expressed support for the Constitutional Tribunal's decision on the primacy of national law over EU law. The Regional Prosecutor's Office in Warsaw initiated proceedings, accusing the judge of offenses under Articles 222 and 226 of the Penal Code, concerning assault on a public official and insulting the NCJ. The institution of judicial immunity in Poland aims to protect the independence of judges from unfounded criminal prosecution. It can be lifted by an authorized body, which enables proceedings to be conducted. In the case of Supreme Court and common court judges, this procedure has always been subject to particular attention and interpretative disputes, especially after the justice system reforms of 2017-2018. In this specific case, the request to lift immunity was considered by the Chamber of Extraordinary Control and Public Affairs. According to sources, the Chamber stated in its justification that Judge Nawacki's action, while controversial and potentially raising ethical doubts, does not clearly meet the criteria of a crime, and the prosecutor's office's proceedings may have been purposeful and repressive. However, the decision does not mean a definitive end to the case. The prosecutor's office can appeal this ruling, and after the potential expiration of immunity (e.g., after the end of the judicial term), proceedings could be initiated again. „I will not comment at this moment. Please respect the court's decision.” — Judge Maciej Nawacki Various interpretations of this ruling have appeared in the media. Portals such as wPolityce.pl and Niezalezna.pl present it as a success for Judge Nawacki and a failure for the prosecutor's office, emphasizing that law enforcement agencies unnecessarily engaged in a political provocation. Gazeta Prawna and Rzeczpospolita report the matter more dryly, focusing on the legal aspects of the decision and its procedural consequences. In the background of the entire case lies the broader context of the dispute over judicial independence and the long-standing tensions between part of the judiciary and the executive and legislative branches. The Supreme Court's decision may be seen as another stage in this prolonged conflict.

Perspektywy mediów: Liberal media emphasize the controversial nature of the entire process and indicate that the case is an example of using legal tools for political purposes. Right-wing and pro-judiciary media assess the decision as correct and protecting the judge from unfounded prosecution.