Prosecutor Jerzy Ziarkiewicz warns that ‘lex Kujawa’ threatens judicial and prosecutorial security
Jerzy Ziarkiewicz argues that the proposed “lex Kujawa” amendment would give judges and prosecutors unrestricted access to classified material without adequate safeguards, endangering state security.
In a detailed polemic, Jerzy Ziarkiewicz supports the positions of Łukasz Warzecha, Piotr Wojciechowski and Przemysław Leśniak, while also citing prosecutor Piotr Kosmato’s point that courts currently do not review collected materials when extending operational control. Ziarkiewicz explains that the new law would require every control to be conducted in a secret office using the “Tempesta” system with ABW-issued security certificates, a process courts cannot staff adequately.
He warns that this would cripple both secret offices and courts, leaving judges unable to make informed decisions about halting controls. Highlighting a hypothetical drug-trafficking operation, he illustrates how unsecured access could enable blackmail of judges or prosecutors, jeopardising undercover officers. Ziarkiewicz urges that all prosecutors, prosecutorial assistants and judges handling classified information be covered by non-public information protection, mirroring practices in other democracies. He concludes that without such safeguards, the amendment creates a legal fiction that threatens the safety of the Republic and its citizens.
Why it matters
The piece warns that a draft law could compromise the security of judges, prosecutors and undercover operations in Poland.
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