The President of the Court of Appeal in Lublin entered retirement upon turning 65 and was not granted permission to continue adjudicating. Despite this, Judge Jerzy Nawrocki continues to work, although he has decided to refrain from issuing rulings. How is this possible? Just before his birthday, he filed a lawsuit against… the very court he heads. In the justification, he questioned, among other things, the mandate of the National Council of the Judiciary. Most importantly – with remarkable speed, on the very same day – he obtained an injunction allowing him to continue managing the Court of Appeal. The ruling was issued by a so-called “neo-judge”, but this apparently does not bother President Jerzy Nawrocki.
TV Republika and Niezalezna have already reported twice on the unusual situation at the Court of Appeal in Lublin, but they return to the issue after establishing new, surprising facts. A brief recap: Judge Jerzy Nawrocki (born in 1961), President of the Lublin Court of Appeal, applied to the National Council of the Judiciary for permission to continue adjudicating – the decision was negative. He appealed to the Supreme Court, but two weeks ago the Chamber of Extraordinary Control and Public Affairs upheld the resolution of the National Council of the Judiciary. Meanwhile, last Sunday (March 22), Nawrocki turned 65, which should mean automatic retirement under the applicable law.
He sued the court he presides over
From Monday, Nawrocki should therefore have been retired, yet he appeared at work. Why? It turned out that he had sued the court he presides over.
“Jerzy Nawrocki filed a lawsuit with the labor court seeking a declaration that he remains in an employment relationship”, said Judge Magdalena Kuczyńska, spokesperson for the Court of Appeal in Lublin.
Although no final ruling has been issued, an injunction was granted allowing him – until a final decision is made – to continue serving as President.
“This injunction is intended to preserve the current situation as it stands”, Kuczyńska explained.
Interestingly, Nawrocki will perform the duties of President, but…
“As far as I know, Judge Nawrocki will consciously and responsibly refrain from adjudicating during this unclear situation in order not to expose court rulings to being challenged”, the spokesperson stated.
From Lublin to Lublin
We decided to check the details of both the lawsuit and the injunction. We sent inquiries.
“The case concerning the injunction requested by Judge Jerzy Nawrocki, regarding a declaration, bears the reference number VII Po 53/26, while the main case, also for a declaration, bears the reference number VII P 197/26 – both cases are being examined before the District Court Lublin-Zachód in Lublin, 7th Labor Division”, Kuczyńska replied.
More information was obtained from the Regional Court in Lublin – and it is very interesting.
“On March 20, 2026, a lawsuit filed by Judge of the Court of Appeal Jerzy Nawrocki (serving as President of the Court of Appeal in Lublin) against the Court of Appeal in Lublin was submitted to the District Court Lublin-Zachód in Lublin (7th Division of Labor and Social Security), seeking a declaration that after March 22, 2026, an official service (employment) relationship established by appointment continues to exist between the claimant Jerzy Nawrocki and the defendant Court of Appeal in Lublin”, Judge Andrzej Mikołajewski, spokesperson for the Regional Court, told Niezalezna.
He confirmed the case numbers and that the reporting judge is Judge Agnieszka Błach-Jóźwik.
“No hearing date or other actions in this case have yet been scheduled”, he added.
Attention should be paid to the date – the lawsuit was filed on the last working day before Nawrocki’s 65th birthday.
Immediate injunction
The injunction, which is crucial in this situation, was issued… on March 20 – the very same day the lawsuit was filed. The reporting judge in this matter was Judge Jakub Petkiewicz.
As stated in Judge Mikołajewski’s response, the court “in the case initiated by Jerzy Nawrocki, with the participation of the Court of Appeal in Lublin, regarding the securing of a claim prior to the initiation of proceedings, decided to grant an injunction by ordering the Court of Appeal in Lublin to continue employing Jerzy Nawrocki as a judge in active service after March 22, 2026 – until the final conclusion of the proceedings”.
A ruling by a “neo-judge” is not a problem?
How did President Nawrocki justify his lawsuit before the labor court? According to information provided by the Regional Court spokesperson, he questioned the mandate of the National Council of the Judiciary and the Chamber of Extraordinary Control and Public Affairs of the Supreme Court.
Meanwhile, Judge Petkiewicz received his appointment in October 2021 from President Andrzej Duda. For clarity – at that time, Petkiewicz was assigned to Opole Lubelskie, but it is the same person.
“Judge Jakub Petkiewicz, at his own request, was transferred from the District Court in Opole Lubelskie to the District Court Lublin-Zachód in Lublin”, Mikołajewski explained.
This means that Petkiewicz had to undergo the selection procedure before the current National Council of the Judiciary. According to the terminology used by Minister Waldemar Żurek and activists of Iustitia, he is therefore a so-called “neo-judge”. However, this apparently does not prevent President Nawrocki from relying on his ruling to manage the most important court in the Lublin region, while simultaneously questioning the mandate of that very National Council of the Judiciary. The spokesperson for the Court of Appeal in Lublin declined to comment on the situation.