“Any actions undertaken at the request of a non-existent commission are in violation of the binding law of the Republic of Poland and may give rise to legal liability, including criminal liability, on the part of individuals — including judges and other public officials — who initiate or carry out such actions,” stated the Constitutional Tribunal in a declaration referring to today’s forced appearance of former CBA chief Ernest Bejda before the unlawful commission chaired by Sroka.
The Constitutional Tribunal issued a statement concerning today’s compulsory summoning of Ernest Bejda, former head of the Central Anti-Corruption Bureau (CBA), before the commission unlawfully established and chaired by Sroka.
On 10 September 2024, the Constitutional Tribunal adjudicated the case under docket number U 4/24. In its ruling issued on the same day, the Tribunal declared Article 2 of the Sejm’s resolution of 17 January 2024 — establishing the investigative commission — to be inconsistent with Article 2 of the Constitution of the Republic of Poland. The proceedings were discontinued in all other respects.
Regarding the consequences of this ruling, the Tribunal unequivocally stated that, due to the recognition of Article 2 of the contested resolution — which defines the scope of the commission’s activities — as unconstitutional, the commission, tasked with examining the legality, correctness, and purposefulness of operational and reconnaissance activities (including the use of Pegasus software) carried out by members of the Council of Ministers, special services, the Police, tax and customs control authorities, law enforcement bodies, and the prosecution service between 16 November 2015 and 20 November 2023, “must cease its activities following the publication of this ruling.”
In light of today’s events — that is, 6 June 2025 — the Constitutional Tribunal’s press office reminds that “actions undertaken by public authorities and subordinate services lack legal basis and are directly contrary to the ruling of the Constitutional Tribunal, which is final and universally binding.”
“Therefore, any actions taken at the request of a non-existent commission remain in breach of the applicable law of the Republic of Poland and may result in legal — including criminal — liability of individuals, such as judges and other public officials, who engage in or execute such actions,” the Tribunal emphasized.