Supreme Court rejects appeals by Constitutional Tribunal leaders Święczkowski and Sochański

The Supreme Court ruling

On Friday, 6 November, the Professional Liability Chamber of the Supreme Court (Izba Odpowiedzialności Zawodowej) rejected complaints filed by Bogdan Święczkowski and Bartłomiej Sochański against orders that suspended them from their duties. The complaints targeted two orders issued on 30 October by judge Anna Korwin-Piotrowska. The chamber concluded that it cannot hear matters concerning Constitutional Tribunal judges, and it sent the file to the tribunal as a separate judicial authority. According to Onet, the decision was taken by Supreme Court judge Zbigniew Korzeniowski alone. The operative part of the ruling states the point directly:

“The scope of the Professional Liability Chamber of the Supreme Court does not cover judges of the Constitutional Tribunal.”

Background to the suspension

The 30 October orders imposed an immediate one-month pause on the activities of both men, which also covered their roles as president and vice-president of the Constitutional Tribunal. TVP Info reported that the orders led to escalating protests in front of the tribunal. The same outlet described a sharper dispute between the government, the opposition and the president. The appeals to the Supreme Court were the men's response to those orders.

What comes next

The ruling does not end the matter before the Supreme Court. Święczkowski and Sochański may challenge the decision, and if they do, a three-judge panel of the Supreme Court would consider the complaint. For now the case sits with the Constitutional Tribunal, to which the Supreme Court transferred it.