On 23 February 2023, the Regional Administrative Court in Warsaw suspended, as an interim measure, the execution of the order of the President of the Republic of 17 September 2022 on the designation justices to adjudicate in the Chamber of Professional Responsibility of the Supreme Court insofar as the order concerns Supreme Court justice Paweł Grzegorczyk. The interim measure was granted in the framework of the justice’s application for the annullment of the President’s order; in the application, the justice, among others, argues that the designation consitutes a case of compulsary assignment of judicial tasks to him without his 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. In its unprecedented decision on interim measures issued pursuant to Art. 61(3) of the Act on the Procedure in Administrative Courts, the Regional Administrative Court in Warsaw referred, among others, to the judgment of the Court of Justice of the European Union of 13 March 2007 in case C-432/05 Unibet, which guarantees interim judicial protection to rights following from Union law. The Court also emphasized that when issuing the order, the President of the Republic acted together with the Prime Minister, who countersigned it, and therefore the case does not concern the exercise of presidential prerogatives.

Details concerning the decision on interim measures may be found on the website of the Regional Administrative Court in Warsaw.

The applicant justice is represented by Piotr Hoffman.