On 28 February 2025, the Regional Administrative Court in Warsaw annulled the order of the President of the Republic of 17 September 2022 on the designation of justices to adjudicate in the Chamber of Professional Responsibility of the Supreme Court insofar as the order concerns Supreme Court justice Paweł Grzegorczyk.

The Court concluded that the designation, made without the justice’s consent and on the basis of an arbitrary decision of the executive branch, i.e. the President and the Prime Minister, who countersigned the order, is, contrary to the President’s position, subject to judicial review.

It ruled that the designation infringed judicial independence guaranteed in Art. 180(2) of the Polish Constitution, undermined the separation and co-equality of the branches of government pursuant to Art. 10 and Art. 173 of the Constitution, and also infringed the applicant’s rights under Art. 60 and Art. 31(1) of the Constitution. It also ruled that it infringed Art. 19(1)(2) of the Treaty on European Union and Art. 6(1) of the European Convention on Human Rights.

The judgment is subject to an appeal in cassation to the Supreme Administrative Court.

Prior to the judgment, on 20 November 2024, the Supreme Administrative Court had confirmed the interim measures issued by the Regional Court in the same case (see our earlier post).

Justice Paweł Grzegorczyk is represented by Piotr Hoffman.