The Chancellery of the President has serious doubts regarding the candidacy of Waldemar Żurek for the position of Minister of Justice, according to information obtained by the portal Niezależna.pl. Under the law, an active judge cannot hold this position—and Judge Żurek is currently serving.
On Wednesday, Prime Minister Donald Tusk announced the lineup of the new Council of Ministers, naming Żurek as the prospective Minister of Justice. However, Żurek remains an active judge at the Regional Court in Kraków. So far, there is no indication that he has submitted a formal resignation from his judicial office. Tusk expressed hope that the new government would be appointed on Thursday.
Need to Resign from Judicial Office
Niezależna.pl spoke with presidential minister Andrzej Dera regarding Żurek’s candidacy.
“Waldemar Żurek is an active judge. In my opinion, this is absolutely incompatible with Polish law—for a judge to be involved in political matters. Holding a ministerial post clearly constitutes entering politics,” Dera commented.
He also raised legal concerns:
“Of course, he can become a minister, but he should first resign from his judicial post. Only then are there no legal obstacles. If he remains a judge, it constitutes a serious legal issue,” he added.
A judge’s employment relationship is terminated by law if the judge resigns from office. The resignation becomes effective three months after the declaration is submitted to the Minister of Justice, unless the Minister sets a different date at the judge’s request. The Minister of Justice must then notify the National Council of the Judiciary (KRS) and the President of the Republic of Poland of the resignation. So far, no such information has been received by the President’s Office or the KRS, according to Niezależna.pl.
In an interview with Niezależna.pl, Judge Dagmara Pawełczyk-Woicka, Chair of the National Council of the Judiciary, emphasized that Żurek must resign from the judiciary before becoming a member of the Council of Ministers. “This is both a statutory and constitutional requirement,” she stressed.