The National Public Prosecutor's Office said last week that a special team would examine a complaint filed against Julia Przyłębska, who headed the constitutional court from 2016 to 2024.
The Helsinki Foundation for Human Rights (HFHR) alleges that tribunal panels were improperly changed between 2015 and 2020 so that politically sensitive cases would be heard by judges more likely to deliver the desired outcome.
The foundation examined 885 cases in which the composition of a judicial panel was changed. It identified at least 176 in which the change could not be explained by the death of a judge or the end of a judge’s term.
Justice Minister and Prosecutor-General Waldemar Żurek said prosecutors were treating the allegations seriously.
"Years of manually steering judgments according to political dictates will not be swept under the carpet," he wrote on X last Wednesday.
"We will get to the bottom of it," he said.
Żurek had earlier described the allegations as potentially criminal and said the complaint had already been put into formal processing.
Przyłębska rejected the accusations. "I firmly deny these allegations,” she said in a statement published on X.
She said three Constitutional Tribunal judges died and nine completed their terms during her time in office, requiring new panels to be appointed.
She argued that the law does not explicitly regulate every circumstance in which panel changes become necessary and that the tribunal’s president must respond to situations not covered directly by legislation.
The HFHR began to investigate the issue after filing a freedom of information request with the Constitutional Tribunal in 2020 seeking details of cases in which judicial panels had been changed.
The foundation said it took almost five years to obtain the information.
Its complaint alleges that some changes were made to ensure that cases carrying major constitutional or political consequences were decided by panels likely to produce particular rulings.
The filing is a notification of suspected criminal conduct and does not mean Przyłębska has been charged.
The case will be handled by a four-prosecutor team established at the National Public Prosecutor’s Office in September last year.
The unit reports directly to the prosecutor-general and was created to examine the consequences of rulings involving judges appointed through the National Council of the Judiciary (KRS) after its composition was changed in 2017.
Those appointments have been at the center of Poland’s long-running rule-of-law dispute.
Critics of the changes introduced under the former Law and Justice (PiS) government argue that they gave politicians excessive influence over judicial appointments.
The Constitutional Tribunal itself became a central part of that dispute after the PiS party took power in 2015, with repeated conflicts over judicial appointments, the composition of the tribunal and the legitimacy of some of its rulings.
(rt/gs)
Source: IAR/PAP