Polish politicians from Law and Justice (PiS) party, including Michał Wójcik and Marcin Warchoł, announced on Wednesday their formal challenge against the Warsaw prosecutor’s decision not to investigate members of the parliamentary committee on the Pegasus spyware case. PiS claims the committee operates unlawfully, violating a Constitutional Tribunal (TK) ruling from September 10. The TK had declared the committee’s establishment unconstitutional due to procedural irregularities.
Prosecutor’s Position and Rationale
The Warsaw prosecutor’s office justified its refusal to investigate by stating that the TK’s interim order halting the committee’s work was issued without legal grounds. Prosecutor Piotr Skiba noted that committee members acted based on legal advice from parliamentary counsel, believing they were authorized to continue their activities. Consequently, their actions lacked the intent required for criminal liability.
PiS argues that the committee’s ongoing work defies both the TK’s ruling and its prior injunction, asserting that any cooperation with the committee amounts to supporting illegal activities. The party hopes the court will address their grievances. However, recent measures to halt publishing TK decisions in official legal registers complicate enforcement.
The parliamentary committee is tasked with examining the legality of government and special services’ use of Pegasus spyware since 2015, including determining responsibility for its purchase and deployment.