The Ministry of Justice is dividing judges into three groups and announcing a process of “verification.” One of these groups is effectively set to be expelled from the profession and asked to return to their previous legal careers — “provided professional associations are willing to take them back.”
The judiciary is currently more divided than ever. Judges are questioning the legitimacy of their peers, particularly those appointed during the tenure of the current National Council of the Judiciary — a body shaped under the former Law and Justice (PiS) government. Politicians also challenge the status of these judges, albeit selectively — they don’t seem to mind when such “neo-judges,” as they are pejoratively labeled, preside over their private civil cases.
The government is pushing further into this narrative. Deputy Minister of Justice Judge Dariusz Mazur stated today that, in his view, “around 2,500 improperly appointed judges are currently issuing rulings in Polish courts.” Concrete proposals have also been presented.
According to the draft, judges who were promoted between 2018 and 2025 following assessments by the National Council of the Judiciary will be “required by law to re-enter open recruitment processes, the outcomes of which will be subject to review by the Supreme Court.”
Approximately 1,200 judges are to be reverted to their former positions. However, “they will be granted a statutory two-year delegation to remain in their current posts, to avoid paralyzing the courts where they now work.”
Meanwhile, according to the ministry, individuals who entered the judiciary during those years from other legal professions “as a result of taking part in competitions” organized by the National Council of the Judiciary, are to return to their previous occupations — if the professional associations are willing to reinstate them. These individuals may also be appointed as court clerks. In practice, this would mean expulsion from the judiciary and demotion. This measure is expected to affect around 400 judges.
The proposed measures have been submitted for consultation to the Venice Commission, the advisory body of the Council of Europe.
“The Ministry of Justice’s appeal to the Venice Commission follows an earlier request from the Monitoring Committee of the Parliamentary Assembly of the Council of Europe,” the ministry, headed by Adam Bodnar, noted.