Supreme Court rejects complaints by Trybunał Konstytucyjny chief Święczkowski and deputy Sochański over suspension

In brief

• The Supreme Court's Disciplinary Chamber declined to rule on complaints by the Constitutional Tribunal's president and deputy.
• It said its competence does not cover Constitutional Tribunal judges and returned the case to the Tribunal.
• The suspensions stem from orders issued on October 30 by Anna Korwin-Piotrowska.

Supreme Court declines jurisdiction

The Disciplinary Chamber of the Supreme Court dismissed the complaints filed by Bogdan Święczkowski and Bartłomiej Sochański against orders that halted their work as judges of the Constitutional Tribunal. The ruling was issued by Judge Zbigniew Korzeniowski, sitting alone. In the justification, he stated that the scope of the chamber's competence does not extend to judges of the Constitutional Tribunal (SN odrzucił zażalenie Święczkowskiego. Żurek reaguje – Wirtualna Polska) (Sąd Najwyższy odmawia rozstrzygnięcia ws. Święczkowskiego i Sochańskiego – RMF24) (Waldemar Żurek reaguje na decyzję Sądu Najwyższego w sprawie prezesa i wiceprezesa TK – Onet).

Case returned to the Tribunal

Because the Supreme Court found it had no authority over the matter, the case was passed back to the Constitutional Tribunal, which the court described as a separate body of the judiciary. The Tribunal will now have to decide on its own how to treat its judges and what consequences, if any, follow from the immediate interruption of their duties (Złe wieści dla Święczkowskiego. Zapadła decyzja SN ws. zażalenia – Wirtualna Polska) (Sąd Najwyższy zdecydował ws. Święczkowskiego i Sochańskiego. Zażalenia oddalone – Rzeczpospolita).

Background of the orders

On October 30, acting head of the Tribunal's work Anna Korwin-Piotrowska ordered an immediate break in the official duties of Święczkowski, the Tribunal's president, and Sochański, his deputy. The orders triggered protests in front of the Tribunal building in Warsaw. Święczkowski appeared there and argued that, as president, he is the sole administrator of the building.

Reactions

Justice Minister Waldemar Żurek welcomed the decision. He said the fact that the two men filed complaints indicates they accept that the procedure applied against them is effective.

Key points

• The Supreme Court's Disciplinary Chamber declined to rule on complaints by the Tribunal's president and deputy.
• It said its competence does not cover Constitutional Tribunal judges and returned the case to the Tribunal.
• The suspensions stem from orders issued on October 30 by Anna Korwin-Piotrowska.

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