Justice Minister’s first ‘exceptional appeal’

Justice Minister Zbigniew Ziobr. Photo: PAP/Marcin Kmieciński

Prosecutor General and Justice Minister Zbigniew Ziobro has issued his first exceptional appeal to the Supreme Court since a law was introduced on April 3.

This new form of appeal can be issued by the Prosecutor General, the Polish Ombudsman, and several other heads of high offices.

The exceptional move can be filed against a final judgement of a civil or military court. It can be filed when “the rule of law and social justice” needs to be guaranteed.

The case issued to the Supreme Court by Mr Ziobro involves succession law. According to the Prosecutor General, the district court which proceeded over the case committed a flagrant violation of law, mistakenly identifying successors of the property, without properly checking their inheritance rights.

The claim can be appealed only when a judgement of a lower instance court “violates rules and freedom, human and civic rights,” when it “grossly breached the law,” and when there is a “clear inconsistency between the court’s ruling and the gathered evidence.”

The claim will be examined by the Exceptional Control and Public Matters Chamber of the Supreme Court.

Exceptional claims can be issued up to a period of five years from the moment a ruling becomes final.