The ruling, issued by the Regional Court in Giżycko, is a first-instance decision and is not yet legally binding. As a result, the couple’s joint property could not be divided because the divorce itself was considered void.
The decision stems from the participation of a so-called “neo-judge” appointed under reforms of the National Council of the Judiciary (KRS) introduced after 2017 by the previous right-wing Law and Justice (PiS) government - reforms that critics say have politicized judicial appointments.
"Neo-judges" and the uncertainty of divorce rulings
Polish Justice Minister Waldemar Żurek, speaking in the lower house of parliament (Sejm), described the case as “deeply worrying,” stressing that flawed judicial appointments after 2017 have the potential to destabilize rulings affecting citizens’ daily lives, from family law to property rights.
The politician cautioned that citizens should not bear the cost of systemic failings and called for urgent legislative measures, including the so-called “rule-of-law bill” and amendments to the KRS, aimed at clarifying judges’ status and ensuring the stability of past and future rulings in vital cases.
Żurek also noted that the case could eventually be brought before the European Court of Human Rights and highlighted that Poland has already paid compensation to citizens affected by improperly composed courts, with amounts exceeding 5 million PLN (€1.2 million).
Experts warn that such rulings illustrate broader legal uncertainty in Poland, where questions over the legitimacy of judges could render past decisions vulnerable to challenge, potentially creating long-term chaos for ordinary citizens.
"Neo-judges" in Poland's Supreme Court are costing taxpayers millions
On Wednesday, via his X profile, Minister Żurek cautioned that more than 1,100 cases are currently pending at the European Court of Human Rights concerning rulings by individuals in Poland’s Supreme Court who, under European law, do not constitute a legitimate court.
Poland has already paid €1.32 million in compensation, and each additional lost case could cost at least €10,000.
The minister emphasized that Polish taxpayers bear these costs and that the situation will not resolve itself as long as neo-judges continue to sit on the bench.
(mp)
Source: X/@w_zurek