The proposals, presented on Monday by Justice Minister Adam Bodnar and Judge Krystian Markiewicz, head of the ministry’s codification commission, outline different approaches to resolving the legal status of judges selected under the restructured National Council of the Judiciary (KRS).
The council, responsible for appointing judges, has been criticized for lacking independence due to political influence.
Bodnar described the proposals as “gigantic legal acts,” emphasizing their complexity and significance.
The documents, drafted by the Codification Commission on the Judiciary and Prosecution, will now undergo further analysis within the justice ministry before advancing through government and parliamentary procedures.
Judge Markiewicz said that the commission’s primary objective was to ensure that all cases in Poland are adjudicated by legally appointed, independent courts.
He added that the proposals respond to concerns raised by European legal institutions, including the Venice Commission and the European Court of Human Rights (ECHR).
The proposals stem from a 2023 ruling by the ECHR in the case of former President Lech Wałęsa against Poland, which found that individuals have the right to be tried by a properly constituted court.
Poland was required to comply with this ruling by November 23, 2024.
Under the two alternative proposals, the status of judges appointed through the politically influenced KRS could be resolved through either legislation or resolutions adopted by a newly constituted, independent KRS.
The first option would finalize the process by 2027, while the second would extend it to 2030.
The key difference between the two plans lies in their adherence to recommendations issued by the Venice Commission in October 2023.
Markiewicz compared the options to choosing between a high-speed train and a slower, more scenic route with potential delays, emphasizing that both proposals align with constitutional and international standards.
The Venice Commission has stated that the assessment of improperly appointed judges is necessary to restore the rule of law in Poland.
However, it stressed that such a review must be conducted by an independent body, with the possibility of appeal, and should avoid automatic dismissal of judges, as this would not meet European legal standards.
The Polish justice ministry estimates that around 3,200 judges fall under the category of so-called neosędziowie (neo-judges), whose appointments are contested due to concerns over the KRS’s political influence.
The European Court of Justice and the ECHR have ruled that Poland’s judicial nomination process suffers from systemic legal flaws.
The proposed reforms divide these judges into three groups.
Around 1,700 judges who were new appointees and entered the judiciary through standard procedures, such as passing judicial exams. Their status would remain unchanged.
About 1,200 judges who were promoted through the KRS but had previously served in the judiciary. They would return to their prior judicial positions and could reapply for their promotions.
Approximately 300 individuals from other legal professions who were appointed as judges for the first time. They would be reassigned as court clerks until their status is resolved through a repeat appointment process.
The codification commission offered assurances that the proposals do not entail the mass removal of judges. The estimated number of judges whose appointments could ultimately be annulled is around 300, as they were never legally appointed under constitutional law.
Bodnar said that both proposals would be discussed with Poland’s ruling coalition partners before any final decision is made. He told reporters that the issue is legally and politically complex, requiring careful consideration.
Both proposals guarantee that judges undergoing status review would have the right to appeal to the Supreme Court, which is also undergoing restructuring.
The justice ministry’s legislative department will now refine the proposals before submitting them for government and parliamentary debate.
There is also a possibility that one or both proposals will be reviewed by the Venice Commission for additional recommendations before any final decision is made, Polish state news agency PAP reported.
(rt/gs)
Source: IAR, PAP