The article published by Niezależna on Monday, detailing the harassment of respected prosecutor Teresa Rutkowska-Szmydyńska, has caused a stir in the legal community. Terms like “legal outrage” and “an unbelievable story” are just some of the reactions.
On Monday, the portal niezalezna.pl reported on the scandalous situation surrounding prosecutor Teresa Rutkowska-Szmydyńska, until recently the head of the Regional Prosecutor’s Office in Gdańsk.
Although she is eligible for retirement due to age and her health has significantly deteriorated in recent months—leading to a formal declaration of her inability to perform official duties—the Prosecutor General, Adam Bodnar, has refused to allow her to retire. This, despite clear legal provisions that should grant her the right to retire and focus on her health.
Legal experts interviewed by Niezalezna.pl expressed shock.
“Instead of being honored for nearly 40 years of service to Poland, she is facing relentless attacks, with the full force of the state apparatus being used against her,”
said prosecutor Andrzej Golec in a statement to our portal.
“A blatant violation of the law”
Our article has sparked significant debate in the legal community.
“Not a single prosecutor from the ‘Constitution Tour’ movement is protesting. Because if a PiS-linked prosecutor is being targeted—lawfully or not—it’s apparently just fine, right?”
noted prosecutor Piotr Turek on platform X.
“Can you address this matter as Prosecutor General and former Commissioner for Human Rights? It appears to be a violation of the retirement regulations and of employment rights, which could result in significant compensation,”
wrote prosecutor Jacek Skała, head of the Trade Union of Prosecutors and Prosecutorial Staff of the Republic of Poland, in a social media appeal to Adam Bodnar.
“The retirement date for a prosecutor is determined by the legislature—no one else. The legal provisions must simply be followed. Otherwise, a state body is acting without legal basis and outside the scope of the law. This constitutes a violation of Article 7 of the Constitution. There’s no room for interpretation here,”
emphasized the Independent Association of Prosecutors “Ad Vocem”.
To ustawodawca określa termin przejścia w stan spoczynku prokuratora, nikt inny.
— Stowarzyszenie Ad Vocem (@StAdVocem) April 8, 2025
Należy po prostu wykonać zapisy ustawowe. Inaczej organ państwowy działa bez podstawy prawnej i poza zakresem przepisów.
Stanowi to naruszenie art. 7 Konstytycji. Tutaj nie ma żadnych możliwości… https://t.co/iy7xST4zXV